Legal Question in Family Law in California

My wife, behaving erratically, has suddenly announced that our 20 year marriage is over, that she is moving out of our home which we've owned for 14 years, moving in with a new boyfriend she refuses to tell me anything about, and leaving our 12 year-old daughter to live with me. She wants to visit our daughter occasionally but I would have custody about 85-90% of the time. I understand that everything we own is community property, including our debts and our house, which is our only asset, but she is basically demanding that I put the house on the market immediately and sell it so she can take out her equity share. I know that unless I can find a way to buy her out, I will have to eventually sell, but this is the only home my daughter has ever known, and in addition to telling her her mom is moving out, I just don't want to tell her we may have to move right away too. Do I have any rights, is there any way I can find some time, maybe a year or so, to try and find the money and so my child can live in her home during this sad time? Again, I know that eventually I may have to sell but the rush and this pressure from my wife to make me sell scares me. A lawyer advised me that an order to sell the home would be the last thing in a settlement and that alone could take up to a year, but I'm looking for reassurance. Thanks.


Asked on 8/27/09, 9:03 pm

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

If you haven't retained an attorney you should do so immediately. There is too much at stake to get your legal advice over the internet, which is based on only a snippet of the facts. In a divorce the house is always sold. The only question is who will be the buyer. A review of the debts and assets my reveal an option other than refinancing the house ot buy her out of the house.

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Answered on 8/27/09, 10:54 pm


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