Legal Question in Family Law in California
divorce - can I get my equity out?
My divorce was final over two years ago. My ex-husband is living in our family home. The provisions in the divorce contract state when the home is sold or refinanced or at time of remarriage or death of my ex-husband, I will receive half of the net value. There is no time limited stated in the contract.
My ex-husband is living off of credit cards, and I am afraid of losing my half of the net value. Is there a way to get my equity out of the home?
1 Answer from Attorneys
Re: divorce - can I get my equity out?
Only by reading the agreement can one determine what may be possible options. Your only remedy may be to get a court order to sell the house. Unless the court retained jurisdiction over the sale of the family home, there is nothing that can be done by the family court. You would then have to go to civil court to get judicial assistance with the problem.
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