Legal Question in Family Law in California

Re: keeping the house before divorce

Technically he is correct the house must be sold and the equity divided. You want to be the buyer of the house. The court will generally give a spouse some reasonable time in which to obtain refinancing to buy out the other spouse. The buy out price is normally one half of the equity. There are not deductions for the costs of sales, such as real estate comissions and other concessions to the buyer. Your husband would as a general rule receive more money by selling to you than he would if the house were palced in the open market. Also you will pay the income taxes on the equity you pay to him when you sell the house. You should consult with an attorney regarding the purchase of the house, and possibly aspect of the divorce.

Re: keeping the house before divorce

You should consult with an attorney, however, the court will likely allow you to remain in house, especially with custody of child so child has stable or partial stable life. Court will work with you. Court will award child support and depending on circumstances, may also award spousal support. This should not be connected with sale of house, however, part of your equity may be bargaining chip for spousal support. See an attorney for help.