Legal Question in Family Law in California

Homeowner laws

I recently bought my brothers house. He can't make the mortgage payments due to work. All bank papers are done and filed. His wife decides to divorce him and had her attorney put the house on a lien (from selling). She doesn't own the house or is her name on any papers involving the property. Do I have any rights at this point. Can I countersue for placing my house on hold without my permission?


Asked on 1/15/09, 5:40 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Homeowner laws

It appears that the house was purchased during your brother's marriage. As such the house was presumed to be community property. Your brother's wife may have an interest in the property. As such her attorney has a duty to protect her interest, if any, in the house. You should retain an attorney to assist you in completing the sale.

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Answered on 1/19/09, 7:55 pm


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