Possible restraining order and divorce. Serious responses only please.?

[Kevin N]

My wife bought a home before we were married in the state of CA. Since I moved in, I have been splitting all bills with her 50/50. Even going to lengths of giving her extra money when she needed it since I make significantly more money than she does.

We recently have been arguing and decided that we would get a divorce. I found out that she was trying to obtain my social today, so I figure she is trying to get a restraining order against me.

If she does get one, will I be forced to leave the house that I've been paying for?

Besides talking to a lawyer, what are my options.

[Rein]

get one against her first.

[Lady]

In CA if you are married there is something called marriage and you are entitled to part of the house. It begins with Date of Marriage and what was owed at the time, Date of Separation and the balance of the loan at the time; you also have the value at date of marriage and the value at the date of separation. Moore Marsden. All monies earned during marriage is considered community. It goes with Pension, savings, etc.

[coolmommy]

Why would you automatically assume it's a restraining order? If it's her house you can ask for 1/2 the appreciated value since you were married but that's it.

[~cher~]

Just cuz she got your social, means nothing!!! She could have a million reasons for wanting it.

IF she gets one, you'll have to wait to see what it says....

Why did you split things 50/50?! That is NOT a marriage, that's how ROOMATES live!!! My ex wanted to do that- he was selfish and wanted me to pay for our baby, while he spent whatever he wanted.

[cyclist2300]

its hard to get a restraining order.... when there has been no history of abuse or threats.

talk to you lawyer...... I would not worry about restraints......

she may be getting your social security number for other reasons.

[wildflower c]

If she does get an order it can require you to leave the home; however the first order is a temporary emergency order for usually 30 days or less before you two go back before a judge and each of you can present your case and evidence. The second order is much more difficult to prove unless she has strong evidence / witnesses. Only you know whether she has a case or not. At that hearing, you can argue why you feel you should have the house and why the order should be denied. It is imperative that you do get a good attorney and soon if you think things are headed that direction. She could also just be getting your social for the divorce as my attorney wanted it to do a full background and income profile on my now ex.

[Berlinda C]

you can't get a restraining order for no reason. there has to be some sort of threat or sign of domestic abuse but if i were you i will get a good lawyer when you got married you should of put the house in both of your names even if she bought before . since the house is in her name i think she has an edge over you. but if you can prove to the jury that you been paying half for the house the might force you to sale and split it 50/50 just get a lawyer.

[dukefenton]

I doubt she wants a restraining order; more likely, she already has an attorney lined up and is trying to get information on your assets so they can be included in any settlement. In theory, in CA all property becomes common when people get married, unless you have a prenuptial which says otherwise. Ergo, if she files for divorce she would be able to find out everything you own so she can get half of it - or an equivalent value.

Generally, a SSN is not required to get a restraining order; but it might be needed if she wanted to freeze your accounts and keep you from taking any money out.

And yes, you need an attorney - NOW.