What happen to my house after divorce in CA? 3 Answers as of March 14, 2011

I bought the house before marriage. I pay mortgage, insurance and all home expenses. She does not own any real estate assets. We married less than 5 years, no children, owe less than $3,000 for debts during the marriage, less than $30,000 worth of community property (both of us combined) during marriage, not have separate property worth more than $38,000 (combined both of us) We have a martial agreement agree that neither spouses will ever get spousal or domestic partner support. Can my wife or I qualify for a summary dissolution? or we have to go for a regular divorce? Does the court verify separate and community assets that we report in the forms after we exchange those forms?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You have too many assets to qualify for summary dissolution, just get an agreement and have one attorney do the work for both.
Answer Applies to: California
Replied: 3/14/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Read the requirements for a Summary Dissolution. If you qualify, you qualify. If you don't, you don't. The Court does not investigate or verify the separate and community assets that you put in the forms, but if the other party doesn't agree with what you put in the forms [you didn't identify what forms you are referring to], the other part may be able to contest what you put in the forms.
Answer Applies to: California
Replied: 3/11/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
1. You will have to do a conventional divorce, but you can still process it quickly if it stays uncontested. 2. The court does not check up or verify your stated Disclosures re the assets. 3. The house should remain yours. There is a chance she is owed a small reimbursement under something called a Moore/Marsden calculation, but I doubt it would add up to much. Call us if you would like to discuss a flat fee uncontested Dissolution or anything else.
Answer Applies to: California
Replied: 3/11/2011
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