Legal Question in Family Law in California
Community Property
My divorced was over 27 years ago (in California) when we had minor children. Our home was ordered sold and I was rewarded a buyout amt. plus interest. We never sold the house nor did I receive that which the court ordered me paid. My husband remained in the house and now his health is failing. What am I legally entitiled to in this case. Should I do something before he dies?
3 Answers from Attorneys
Re: Community Property
What you are entitled to depends on the wording of the judgment. It could be half the equity in the house or your payment amount plus 10% simple interest per year or the judgment amount without intereset or nothing. If you fax me or mail me a copy of the judgment I can give you better advice. You should handle this while he is alive because it become more complicated upon his death. Call my office to get the fax number and set up a free telephone consulation. Pat McCrary
Re: Community Property
Mr. McCrary failed to address an issue. There is a 10 year statute of limitations on the Decree of Divorce and I am guessing that you did not renew it. You may be able to get the house if (a) he never changed the title or (b) if you lawyer recorded the Decree of Divorce with the County Recorder.
I am here in Las Vegas but also have a California license and handle about ten cases per year there.
You may go to my website jeffreycogan.com to get my number to discuss. I will give you a free consultation if you bring the decree of divorce.
Re: Community Property
You certainly need to act now to get what was ordered or else you may have difficulty getting it from the estate. Contact me directly. I would recommend an OSC for Contempt.