Legal Question in Family Law in California
Can I sell my house before divorce final?
I am about to file for divorce after 5 years of marriage. I intend to file no-fault & would like to keep things as simple as possible. I purchased my home during the course of our marriage - however, I purchased it with my inheritance funds & it is titled in my name only. My husband signed a spousal release that was filed at the time I purchased this home. Is there any chance it would be considered community property? If not, can I put it up for sale prior to the divorce being finalized? Thanks.
1 Answer from Attorneys
Re: Can I sell my house
You can sell before divorce final with his permission,in writing. When you file your petition, restraining orders are made automatically. You could sell before you even file, if that works, since there are no orders.
Your spouse could have a minimal interest in the house equity, assuming you had a mortgage and you used community funds (earnings) to pay the mortgage during the marriage.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
