Legal Question in Real Estate Law in California

I am currently divorced and now my ex-wife wants me to sell the house quickly so she can get half the money to buy a place to stay with her two kids. I didn't kick her out and she took the kids and walk away without me knowing it. The tile/deed is under my name not her. Can she do that. I am paying the mortgage through the bank and not her


Asked on 11/18/16, 6:38 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Divorces are supposed to include a decree dividing the former couple's property, especially community property. Have you taken a careful look at all decisions from your divorce court relating to division of your marital estate? If indeed the house was 100% your separate property, it probably was not affected by the divorce, but the fact that title is in your name alone does not mean that the marital community doesn't (didn't) have an interest in the house. Making payments on a mortgage or making major repairs or improvements with community funds (like your paycheck while married) gives rise to a community-property interest in the house. Consult a divorce lawyer; these property-ownership questions often have surprising conclusions and sorting out the percentage of ownership often requires detailed calculations. Divorce lawyers use software called "DissoMaster" to assist them with the number crunching. You may come out of this pretty well, but don't assume you own 100% of the house even though the deed recorded down at the hall of records says so.

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Answered on 11/18/16, 8:19 pm


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