Legal Question in Family Law in California

Real Estate Property in a Divorce

Eleven years ago while unmarried I purchased a house. I married 8 years ago. During the marriage I refinanced the home and had my wife's name added to the deed in good faith.

My wife and I have filed for divorce, but are both still currently living in the home until our son is out of school for the year.

My wife is refusing to let me have my house in the divorce. She does not want it and is planning on moving from town. I have even offered to purchase the home on the open market, and she still refuses.

Does she have the legal right to this house or to prevent me from purchasing it on the open market if need be?

I do not want to lose this home.

Thank you.


Asked on 5/11/09, 6:49 pm

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

Re: Real Estate Property in a Divorce

The real estate question you have posed is complex and would require a full discussion of the facts. There is both a separate property and a community property interest in the house.

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Answered on 5/12/09, 12:36 am


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