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?
3 Answers from Attorneys
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
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
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