Do I need my divorce papers to remarry in California?
Do I need my divorce papers to remarry in California?
Do you need divorce papers to remarry? Yes. You’ll need to present your divorce decree or certificate of dissolution from your previous marriage. If you no longer have a copy, your lawyer can order you another one.
Can I get married the day after my divorce?
Bigamy, or being married to multiple people at once, is illegal in California and throughout the United States. This means that you cannot remarry until after your divorce has been finalized.
What is the divorce waiting period in California?
A divorce in California always takes a minimum of six months. This is called a “waiting period.” The waiting period is to make sure you and your spouse do not change your mind about going through with the divorce. The courts want to give you time in case you decide to reconcile.
Can you reopen a divorce case in California?
In California, a divorce settlement is only able to be re-assessed or reopened if there are exceptional or compelling circumstances at hand, which often center on fraud or misrepresentation in court.
Is there a statute of limitations on divorce settlements in California?
Thankfully, Section 291 of the California Family Code addresses this issue by stating that a judgment or order for spousal support, also known as alimony, “is enforceable until paid in full or otherwise satisfied.” This means that there is no statute of limitations on requesting and receiving alimony payments so long …
Do I have to pay half the mortgage if I move out?
You’re equally liable for the mortgage, even if the loan is based on one party’s income or one of you moves out. Your lender can pursue both of you either jointly or individually for the payment – plus any costs, legal fees or loss made upon any possible repossession.
How do I get my ex wife off the mortgage?
You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner’s name from the property deed and the mortgage.
Can I make my ex pay half the mortgage?
Yes, your ex will have to pay half of the mortgage if they are listed on the mortgage as you will be both equally liable to the mortgage lender and in the case of the mortgage being defaulted then the mortgage lender will come after the both of you for the mortgage balance plus any costs.
How do you get your name off a mortgage after divorce?
There is only one way to have your spouse’s name removed from the mortgage: You will have to apply for a loan to refinance the mortgage, in your name only. After all, the original mortgage was approved in both of your names, giving the lender two sources of repayment.
Can you remove someone’s name from a mortgage without refinancing?
You can remove a name from your mortgage without refinancing by informing your lender that you are taking over the mortgage, and you want a loan assumption. Under a loan assumption, you take full responsibility for the mortgage and remove the other person from the note.
What happens to a joint mortgage when you divorce?
If you are going through a divorce you need to keep paying the mortgage, even if you have moved out of the family home. When two people take out a joint mortgage, both agree to be equally liable for the debt until the mortgage is paid off, not just while you live in the property.
What happens if you have a joint mortgage and split up?
Paying the mortgage after separation A joint mortgage means you’re both liable for the mortgage until it has been completely paid off – regardless of whether you still live in the property. If you miss a payment or fall behind on payments, it will negatively affect both yours and your ex-partner’s credit report.
What happens if one person wants to sell a house and the other doesn t?
If one wants to sell and the other does not, the one who wants to sell can sell his interest anyway. If there is a mortgage on the property, the lender will take the property if payments are not made but will not take a 1/2 interest in the property if your brother decides he just does not want to pay any more.
Can you buy someone out of a joint mortgage?
A To be able to buy your friend out, you need to be able to take on the whole mortgage on your own and find enough cash to pay her for her share of the equity in the property. You take the current value of the property, subtract the amount outstanding on the mortgage and divide the remaining amount by two.
What happens if you own a house and split up?
If you’re not married or in a civil partnership, you can ask the court to decide what happens to your home. The court will usually divide your home’s value between you according to the shares you own. If you have children, you might be able to ask the court to delay selling your home until your youngest child is 18.
What rights do I have after split up with my partner?
What are my rights if I separate from my partner? Money or property in your partner’s sole name will be presumed to belong to them alone, unless you can prove otherwise. You have no right to claim financial support for yourself, although you do have the right to claim support for any dependent children.
