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?
1 Answer from Attorneys
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