Legal Question in Family Law in California

Property Settlement in Divorce

I have been married 10 years and have 3 children. We own (jointly) a home in which me and the 3 children live. The home was purchased through VA financing. I (the wife) would like to keep the house, continue to make payments until our last child has turned 18 (then sell and split proceeds). My husband wants to sell the house and split the proceeds in the divorce. I will be unable to find another affordable home for my children (besides the fact that this is the only home they have ever known)and am financially unable to get it re-financed due to previous credit problems. (He wants his VA priveleges removed from the house). I am willing to make stipulations in divorce agreement (regarding remarriage, no-one else living in house, etc.). I will maintain the property (to include property taxes, insurance, etc). I am not requesting any alimony, just child support.

What are my rights? Can I keep the house? Can he sell the house without my permission? (I am on the Deed). Also, I would like to split our debt down the middle? I believe this would be the most equitable. Does this also make sense.


Asked on 1/24/05, 1:34 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Property Settlement in Divorce

Without his agreement you probably will not be able to keep the house as the judge will probably order the home sold. You should retain an attorney who can help you in this matter. Good Luck, Pat McCrary

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Answered on 1/24/05, 4:26 pm


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