Legal Question in Family Law in California
my husband an I are separated and will eventually divorce. he has agreed to allow me and our two sons to occupy our home, which the title is in both of our names. I would like to file legal documents confirming this intent, and protecting my rights to remain in the house without the fear of it being sold in the future or him changing his mind. we have discussed that the home will go to our sons when we both die. Is there such a document that we can sign ??
1 Answer from Attorneys
If you plan to divorce, the safest course is to go ahead and get that going and stipulate to an interlocutory order for posession, and then include your agreement in the final divorce judgment. That will also allow you to make provisions for how the title will be held and transferred, how the mortgage will be paid, etc. You can have the interlocutory order in place very quickly once the divorce is underway. That is better protection than any side agreement that can be disputed or repudiated later.
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