Legal Question in Family Law in California

Hi, Me and my ex were tenants in common in a house for 10 years. We are both on mortgage and title and have paid everything on the house 50/50. She left and I am buying her out with the help of my dad. I would have to sell if he wasn't helping me. She called an appraiser to the house and got it appraised at 580K. I am basing her buyout figure as if we would have sold the house meaning if we sold the house for 580 K, we owe 270K then minus realtors fees,comissions, title, etc. and what is left over we split 50/50. She is saying since there are no realtors involved we shouldn't deduct the realtors commission which is 5% or 29K. I am saying we have to base it as if we were selling the house because if my dad wasn't helping me, I would have to sell and pay all those fees and she would end up with the same amount of money anyway. Also is there anything she can do legally to make me sell the house ? We live in Los Angeles.


Asked on 5/07/10, 8:48 am

1 Answer from Attorneys

If the two of you cannot agree, the court can either award the house to one of you and order that person to buy out the other at an amount fixed by the court, or order the house sold. Since you do not have assets of your own in the marital community to exchange for the equity in the house, there is the possibility the court could order a sale by only looking at the assets of the community and not your outside resources. You then would of course be able to buy it by offering more than the best offer that comes in, but then you are right there would be fees and expenses. If the court just entered a judgment that house goes to you and you must make an equalizing payment, however, the court would not add on fees and expenses not actually incurred. So it could go either way. Since you and your ex are only talking about $29K, and her share is only half of that - $14.5K, why don't the two of you just split the baby and you pay her $7.25K more? Trust me, the two of you would blow through that in a day of court time fighting over this.

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Answered on 5/12/10, 9:54 am


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