Establishing separate property prior to trial

Posted by: G. DiMartino

Establishing separate property prior to trial - 01/21/17 06:57 PM

I'm in the middle of a divorce in California and we are trying to come to an agreement without having to go to trial. The problem that I'm running into is that my spouse won't agree to the division of the home that I purchased prior to the marriage without a judge ruling on it. I've had a Moore/Marsden calculation done on it that shows that there is no community property equity in the property to be distributed but she is not accepting it.

My question is, is there a way to have a judge rule on the community/separate property prior to going to actually going to trial? I believe that if we can agree to the separation of this property, we will be able to work out an agreeable MSA.

Posted by: TJMH

Re: Establishing separate property prior to trial - 01/26/17 06:27 PM

You may be absolutely right in your calculations, but I don't think you'll be able to enforce that over your wife's objection without going to trial. Which will be expensive for both of you.

Depending on how much equity we're talking about, it might be the better part of valor to offer some kind of compromise if that's the only issue preventing her from settling.