Legal Question in Family Law in California

Division of Family Home

I want to know, if I will be able to keep the house, since I have been making all mortgage payments since my husband was kicked out of the house on a restraining order which was effective 12/4/01. The house with bought with my inhertence money and with my husband's father. My husband had bad credit and I was not able to buy the house with him. My husband's father recently quit claimed the home in his name which now gives us 50/50 interest in the property. What I want to know will I be able to keep the home, since I am also the primary physical custodial parent of our two twin boys who are now aged 11. We bought the home in May 1999 and the boys are now entering 6th grade. They have gone to the same school district all their life. Please advise. Thank you.


Asked on 8/25/02, 7:33 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Division of Family Home

Although it is possible, it sounds unlikely that the court would allow you to stay in the house without buying out your husband. You should get credit for your inheritance that has been invested in the home and maybe some other credits. You should have an attorney on this as there are some real pitfalls possible. Good Luck, Pat McCrary

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Answered on 8/26/02, 9:23 am


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