Legal Question in Family Law in California

Can my husband make me sell our house?

I have 4 children ages 17, 13, 11 and 9 all girls. Anyway, I've stayed home to raise my children (my husband's request). I do have some income from an inherited rental property, and I know I have skills to make enough to pay our mortgage. My husband asked me for a divorce a couple of days ago and is insisting that we contact a realtor to sell the house. Can he do this? We probably only have about $100,000 in equity. After realtors fees and paying any debts we have, there won't be much left, maybe 15 - 20,000 each. I've asked him to hold on and I would buy him out in a year and 9 months. I have some inheritance due me at that time. He refuses to wait, claiming he needs money now.


Asked on 6/28/01, 12:58 am

3 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Can my husband make me sell our house?

First off, I will address the other part of your message in a moment. If you were in your marriage over 10 years, and you are a stay at home mom, you would most likely be entitled to long term Spousal Support, as well as child support. As far as the home goes. If your husband files for dissolution of marriage, he can ask the Court to order the home to be sold. This process can get quite expensive with attorney's fees, etc. You really do need to get an attorney to prosecute your case!! I would recommend initiating settlement talks with your husband and attorney's present. If he realizes that after paying his attorney, he would most likely not get anything from the house, he may just decide to settle! If you are in SoCal you may call me for a free telephone consult at 818-998-1584

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Answered on 7/02/01, 1:14 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Can my husband make me sell our house?

You do not need to sell the house until there is a court order. It is possible for you to keep the house as part of the support for the children, for a limited period of time, so your plan is workable, you just need to sell it to the judge. Good Luck, Pat McCrary

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Answered on 7/02/01, 1:27 pm
Adam Gurley Law Offices of Adam N. Gurley

Re: Can my husband make me sell our house?

It can take a long time for a court to order the sale of a family residence (up to a year). The court can also defer the sale and could order your buy-out of his interest when you receive your inheritence. With four kids and being a stay at home mom, the proportion of his income that you will receive as support is likely to be quite high. Feel free to call me if you are in the Bay Area.

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Answered on 7/02/01, 2:12 pm


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