Legal Question in Family Law in California
Dissolution of Marriage/Enforcement of Judgment
I had my ex-husband removed from property we bought outright during our marriage that the court has ordered be sold and the proceeds divided. It's in both our names, he resided there and has retained a lawyer to state he wants it back. What is the likely outcome?
Sincerely,
V. West
3 Answers from Attorneys
Re: Dissolution of Marriage/Enforcement of Judgment
The real question is why you do not have an attorney walking you through this process, especially if you have real property on the line? Check out my family law website at divorce-legal.net
Re: Dissolution of Marriage/Enforcement of Judgment
I am assuming that the house was bought with community funds. The judge has ordered the house sold and I assume he also ordered the proceeds to be divided 50/50. Now the question is, can your husband buy the house from the community? Yes, he can, under the following conditions. If you and your husband can agree on a figure, then your husband can give you half of that figure and keep the house. To arrive at that figure you can either get your own appraisal or put the house on the market for sale with your husband being given a right of first refusal. When you get a buyer, your husband has the right to buy the house at that price. He buys the house and gives you half.
Now if YOU want the house, you have the right to bid against your husband. Then you pay your husband have the cost and you keep the house.
Be sure that all of this is written in an agreement signed by both you and your husband to be submitted to the judge for his approval and signature to keep everything going along on the right road.
Re: Dissolution of Marriage/Enforcement of Judgment
If the judge ordered it to be sold, it should be sold. Why was it not sold in the first place? Is there new facts that have arisen that your husband wants to argue against the judge's original order?