Legal Question in Family Law in California

I am in the middle of a divorce. We've been married for 22 years. The family home is only in my husbands name but California is a community property state so I am entitled to half the equity. Since our separation my husband was injured at work and is currently only working 3 hours a day. He is entitled to some compensation for the lost wages but he has neglected to file the necessary paperwork to get it. My question is what happens if he lets the home go into foreclosure before the divorce is final? Also can the home be sold if the payments are not up to date?


Asked on 11/12/09, 4:20 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

You can obtain a court order that the house is to be listed and sold. If the order does not require immediate listing of the house, it should provide that if a payment is missed that the property is to be listed for sale immediately. If the house goes into foreclosure the equity will be lost.

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Answered on 11/17/09, 11:44 pm


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