Legal Question in Family Law in California

My husband filed for divorce Aug of 2010 and we have completely agreed on everything. We decided to put our home and two properties into reserve so we could sell when the market levels but are unsure how to go about writing the paperwork and finishing the divorce.


Asked on 10/25/11, 1:17 pm

5 Answers from Attorneys

Thomas Walley Good Wildman Hegness & Walley

I don't know what you mean by "into reserve." That's not a legal concept. If you mean you will continue to hold the properties as tenants in common, then that's how it's usually done. Hire an attorney to finalized the paperwork.

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Answered on 10/25/11, 1:42 pm
Scott Jordan Jordan Law Office

You will need to complete a Marital Settlement Agreement which is like a contract and states how the community property will be divided. It is complicated and I recommend you hire a family law attorney to complete the paperwork.

Good luck!

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Answered on 10/25/11, 2:41 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

This is a tricky arrangement. Who pays the taxes? Who pays for minor and major repairs? Who gets any depreciation or tax deductions? As stated by the other skilled family attorneys answering this question, you both should have an attorney representing you to ensure all aspects and risks associated with co ownership of the real property are addressed in your judgment.

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Answered on 10/26/11, 8:42 am

You've gotten good answers from California attorneys. Unfortunately you give an out of state address, so none of the information may be valid. You need to ask attorneys in your own state.

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Answered on 10/26/11, 4:25 pm


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