Legal Question in Family Law in California
Sell, move in, or quit deed
Ex husband told me he would sell our home and split it 50/50. It has been almost a year now since our divorce and nothing has been done. We settled verbally between ourselves, he filed through a paralegal service, I never filed to claim anything from him. I am living with my mother. He has rented our home to a friend of his with family. What can I legally do without going to court? He collects the rent which is half of the house payment! I have no idea where he is living or with who. Should I contact my ex, or just do this on my own, since he didn't follow through. Can I sell the home? What forms do I need? And what about the family living there? We had the house for only 2 years. I have given payments on it while we were separated, for almost a year. Then I turned papers over to him at time of the divorce. Do I have a right to do what I want with the house.
2 Answers from Attorneys
Re: Sell, move in, or quit deed
You should check with the local court to see if a judgment has been entered. Then you should contact an attorney to see what you should do. Good Luck, Pat McCrary
Re: Sell, move in, or quit deed
How is title to house vested? If it is in both of your names you have rights to the equity and the disposition of the house.
You can attempt to work out something with your ex-husband without the courts, but given his track record, it seems as is you will need to file an action in the courts to force a sale of the property.
I would be happy to disucss it with you further. Good luck.
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