Are you legally separated when you file for divorce in California?

Are you legally separated when you file for divorce in California?

Not all states allow legal separations, but California is one that does. Your spouse needs to agree to it or at least default after you have served him with your petition. If he does not consent you may have to file for divorce instead. On that note, legal separation is not a decision to be made lightly.

How do I legally separate from my spouse in California?

The process to file for legal separation in California is nearly the same as that used for a divorce/dissolution. A spouse must file a petition, pay the filing fee, serve the petition on the other spouse, and file financial disclosures with the court.

How long does it take for a legal separation in California?

Unlike divorce, legal separation in California does not require any residency requirements and the date of separation takes effect immediately. Therefore, legal separation can be completed prior to the six month “minimum time frame” for divorce as there is no termination date of the marriage.

How long does a partition lawsuit take?

It generally takes about a year and half to two years to get to trial on a partition action.

What rights does a co owner have?

Co-owners have equal rights to possession of the property, and equal rights and responsibilities. If one co-owner excludes the other from the property, the excluded co-owner can recover the property’s rental value from the excluding co-owner.

Can I buy a house with multiple owners?

Yes. Many lenders allow two families to combine their respective incomes in order to jointly purchase a house. Both households will need to meet the minimum qualifying loan requirements, which may vary lender to lender. Lenders may also require both families to hold equal ownership rights of the house.

Can there be two co owners?

Two co-owners, each a tenant in common, may or may not own 50 percent of the home or land. There is no right of survivorship, which means that upon the death of one co-owner, her share will pass to her heir(s) or, if there is a will, to her designee.