Legal Question in Family Law in California
Family Law, Divorce
My wife is filing for divorce. We still owe on the house as well as a second. I pay the mortgage payments to my father-in-law. The second is to a bank. I want to sell the house and split the equity. My wife on the other hand wants to wait 24 months before trying to sell so that she can get on her feet. During this time I will be paying half the mortgage, child support for our three children, and she is going to request alimony.
Should I wait the 24 mos, and try to pay extra on the second so that when the house is sold I will owe less so therefore I can have more to put toward a house or something like that, or sell now?
1 Answer from Attorneys
Re: Family Law, Divorce
If she is living in the house, you should not be paying half of the mortgage plus child and spousal support. She should be paying the mortgage if she is in the house. With little question the judge will order the house sold at the time of trial, but having an order to sell the house is not necessarily easy if the party living in the house does not want to sell. I suggest that you retain an attorney who can look at your financial situation and let you know what your rights and obligations are. Good Luck, Pat McCrary
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