Legal Question in Family Law in California
Exceptance of terms
My wife of 3 years has aked for a divorce, when asked why I was give no specific reason. We have financed a home together for those 3 years. I was told that we must sell the home to pay off the balance owed and any debts we acquired together and that my only other recourse would be to come up with enough money to buy her out. Is this true even though I have aked for none of this? and what would happen if I just didn't sign anything?
2 Answers from Attorneys
Re: Exceptance of terms
The court will order the house divided equally between husband and wife. The only way that can be done is to sell the house. If you refuse to sign the necessary documents to sell the house the court can order you to sign. If this fails to get action the court will order the court clerk to sign the sales documents in your name. Refusing to cooperat will only cost you time and money.
The court does not consider who did what to who, the only thing the court looks is at the property and how it can be divided equally between the parties.
You should consult a family law attorney in your area to review your situation and explain your options to you.
Reply: Exceptance of terms
I agree that your choices are to buy her out of the house and your half of the debts, or sell the house and pay off the debts, and dicide the balance, if any.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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