Legal Question in Family Law in California
property dispute with future wife's ex-spouse
My girlfriend and her ex-husband agreed at the time of their divorce that they would not sell their house and that she would remain in the house until the youngest child turned 18 (she is currently 9), or sell if mutually agreeable. My girlfriend and I plan to marry in August of 2001. Her ex-spouse has threatened that he will force sale of the house at the time of our wedding, unless we agree to buy out his interest in the residence. Can he do this?
1 Answer from Attorneys
Re: property dispute with future wife's ex-spouse
The answer to your question depends on the divorce judgment. If it reads as you've described in your question, then she's under no obligation to buy out his interest. If there's something in the decree that says if she remarries she has to buy him out, then she has to buy him out. It all depends on what the Judgement says.
That said, consider the current market conditions. Interest rates are reasonable. The market is pretty good, but sort of stagnant at the moment. Surely this house is worth less now than it will be in 9 more years. Does it make sense for the two of you to refinance and buy out her ex NOW, rather than wait 9 years and take the chance that the house value doubles and you have to buy him out at twice the price?
Irrespective of the language in the judgement, think about what makes the most sense for the two of you in the long run.
Call me if you'd like to discuss this....but think about your options before you say "no!"
Good luck.
Diana Mercer
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