Legal Question in Family Law in California

Property Sellers Rights Under Community Property Law

Husband and wife are selling the house they have

occupied for 11 years. The husband makes an offer

to ''buy-out'' the equity interest of the wife to remain as sole owner of the property.

The wife refuses to allow the husband to the ''equity

buy-out'', and will consent to sell the house to an

outside buyer only.

The wife's decision is of no benefit to any party

to the marriage, but is made solely in spite.

The husband has made every payment during the 11 years; the wife has provided no monetary compensation

for the residence, despite working full time.

Does the husband have any legal rights to counter the

decision made by his loving wife?


Asked on 2/14/02, 10:54 am

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Property Sellers Rights Under Community Property Law

Husband would have the right to purchase the house just as any "outside" buyer would, but he also has the advantage of netting more money to the parties. Take this one to the judge and the husband wins. He gets to buy the house. Good Luck, Pat McCrary

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Answered on 2/14/02, 11:21 am


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