I am in need of help, information, and advice from anyone.

Here's the situation.

My dad doesn't work.. & my mom has been working and been the sole provider for nearly 10 years now. We recently bought a house.. under my mom's name and she has been paying the mortgage, bills, and has been financially supporting her 4 children. 21 yr old, 20 yr old, 14 yr old, 10 yr old.

Now she wants to get a divorce. I've done research and it states.. Under California Law.. [no fault] it is required to divide the community property equally among eachother. The history.. or the fact that she has been financially supporting her family.. and testimony of her children won't factor.

Is this true?

Is there a way where my mom can divorce/seperate from my dad and keep her house. What are the key factors in determining the judges decision? Is there any unique cases? Any loop holes? anything.

My dad is uncooperative.

I'm so confused because there's so many different ways to divorce in california.. which one will be helpful in my mother's situation.


Please help. ANYTHING is appreciated.

Unfortunately if she files for divorce and the house was purchased before the separation date, your dad may have some interest in the property.

If I were in your mom's shoes I would gift the property over to one of her older children and then file for divorce sometime after (the longer the better!). Your mom would have to cover her butt and make monthly rental payments on the property to her children and they in turn would make the monthly mortgage payment. Keep records of all payments.

However, if the judge finds out your mom did this intentionally to rid your dad of his share of the property, he/she will not be pleased. Be sure to have your mom talk to an attorney before she does anything! He will be entitled to more than just the house... He may get child support from your mom, half of her retirement, half of their assets, etc.

WOW THAT CAN BE HARD. ANY THING THE DAD DOES KEEP NOTE OF IT KEEP TRACK OF ALL MONEY SPENT OF BOTH PARENTS. IF DADS A DEAD BEAT THIS SHOULD HAVE TAKEN UP IN COURT ABOUT CUSTODY ISSUES. IF THE JUDGE SEES THAT MOM AS FIT, AND THAT MOM AND CAN PROVIDE FOR THE KIDS THE CHANCE CAN BE BETTER FOR HER AND KIDS IT MIGHT BE ROUGH IF MOM FILES FOR IT BUT ALSO IF HE IS UNFIT PROVE IT IF HE VIOLENT GET A RESTRAING ORDER. IF MOM IS DOING GOOD THE TWO OLDER KIDS NEED TO HELP OUT WITH MONEY AND OTHER LITTLE THINGS LIKE BEING THERE FOR MOM. IF YOU DO THE COURT THING PREPARE YOUR SELFS FOR A LONG CRAZY RIDE ITS NOT FUN IM GOING THROUGH IT RIGHT NOW ITS BEEN THREE YEARS AND THE DAD IS UNFIT AND I HAVE PROVED IT TRUE BUT THE COURT HAS TO DO THERE JOB AND EXAUST EVERY OPTION FOR THE BAD DAD YOU KNOW!!! I'LL PRAY FOR YOU AND YOUR FAMILY. LAST THING ALWAYS TRUST IN THE LORD!!!!!!!