Legal Question in Family Law in California

Divorce

If a woman age 65 is getting divorced, and she has been married 24 years and has never worked, can she be forced to sell her home to give her husband part of the equity?


Asked on 5/26/04, 10:15 am

3 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Divorce

In a general sense, community property is allocated equally between both spouses. There may also be spousal support issues and pension issues.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Read more
Answered on 5/26/04, 10:22 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce

The answer is that the home can be ordered sold but there are many alternatives to the sale. It would also depend upon whether the home is community or separate property. There are many issues to be resolved here. I would suggest that you talk to an attorney. You will have peace of mind when you know the alternatives and you are not thinking about the many worse case scenarios. Good Luck, Pat McCrary

Read more
Answered on 5/26/04, 11:39 am
Damian Nolan Law Offices of Damian M. Nolan

Re: Divorce

Presuming the home is community property then the answer is yes you can be forced to sell. However, perhaps there are other alternatives available including trading the equity in the house for some other asset. There are, of course, some other major issues which need to be resolved including spousal support, division of assets and debts, retirements etc.

I strongly advise that you retain the services of a competent family law attorney to assist you. The legal fees will be money well spent.

Regards, Damian Nolan

Read more
Answered on 5/26/04, 11:49 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California