[Msajbio]

For almost 2 years, I have been going through a divorce in Cali. I have been meaning to get new council since I feel that my current lawyer has not been consistent and also ripping me off! I feel like he is taking me for a ride but I don't know how else to confirm what he is telling me is real! I need some 2nd, 3rd and 4th opinions from some experienced folks.

a. I filed a lis pendens/property declaration on our home since I moved. Our divorce is not complete and my ex has already put the place up for lease without court order. My lawyer tells me we can't do anything, unless it's actually leased. Is this true?

b. I understand my school loans are considered separate property, and I have been contributing half my paycheck toward a joint account during the marriage and the other half went to the loans. Now my ex-husband wants reimbursement since he is claiming that my paycheck is all community property! My lawyer is also claiming it is his entitlement! Is this also true?

c. My lawyer started by telling me that my presence (since my divorce is taking place in cali and I now live in chicago), is not mandatory for the Mandatory Settlement Conference and it IS mandatory for trial. Just a few months ago, he switched it on me, by telling me that it's mandatory for me to appear for the MSC but not so mandatory for trial. I am so confused!

Can anyone help shed some light on my situation? Any experience or knowledge or even advice will definitely help. Thank you much!

[JudyKayTee]

I do not know California law - it is a community property State and I am not in a community property State.

HOWEVER - if you are dissatisfied with your Attorney the time to make a change is now. If not you will regret his/her representation (and live with the consequences) for the rest of your life.

If you are paying an Attorney AND coming on this board to double check what the Attorney says it is time to retain someone you trust.

[stinawords]

It's true that if you don't trust your lawyer it is time to get a new one. There is a difference between, man my lawyer is going to have a real tough fight and my ex's lawyer is really good so I'm nervous about the outcome vs. I think my lawyer is wrong.

[ScottGem]

a. A lis pendens notifies a BUYER that there is pending litigation against a property that may affect a sale. However a lease is not a sale. So I don't see any problem with the property being leased. I agree with your attorney here.

b. This doesn't make much sense to me. Any ASSETS acquired during the marriage can be considered community property. But I don't believe that salary is coinsidered an asset. If you had expenses that you paid, that should be netted out of your salary. If he wants you whole salary then let him assume responsibility for your debt as well.

c. This also makes sense to me. Once a settlement is reached the trial is just where the judge affirms the settlement. So your presence would be more necessary at the settlement confernece then the trial.

If you have any doubts about what an attorney tells you ask them to cite the law or case law that justifies what they are telling you. Then check it out yourself.

But if you have lost confidence in your legal representation its probably best to change.

[cdad]

a. A lis pendens notifies a BUYER that there is pending litigation against a property that may affect a sale. However a lease is not a sale. So I don't see any problem with the property being leased. I agree with your attorney here.

b. This doesn't make much sense to me. Any ASSETS acquired during the marraige can be considered community property. But I don't believe that salary is coinsidered an asset. If you had expenses that you paid, that should be netted out of your salary. If he wants you whole salary then let him assume responsibility for your debt as well.

c. This also makes sense to me. Once a settlement is reached the trial is just where the judge affirms the settlement. So your presence would be more necessary at the settlement confernece then the trial.

If you have any doubts about what an attorney tells you ask them to cite the law or case law that justifies what they are telling you. Then check it out yourself.

But if you have lost confidence in your legal representation its probably best to change.

Im not sure what part scott is agreeing with on the A) section of the answer. He isn't entitled to lease the property unless both parties agree for it to be done. But the lawyer is correct in that you can't really do anything until it happens. When in a divorce the properties are suppose to remain nuetral unles there is a stipulation otherwise ( like the sale of a home during proceedings) but a lease would constitute a liability which can create an encumbrance. ( that wouldn't be legal unless stipulated upon )

To answer part B) would require more info. When was this debt incured and how long were you married for ?


Part C ) I agree with scott on this one completely.