Legal Question in Family Law in California
My wife filed for divorce on December 2, 2009. We were married on June 17 1991 and have two children whihc she has sole custudoy, I purchased a house on September 28, 1989, 21 months prior to marriage. Subsequently she was added to Grant Deed due to a refinance then my father was also added due to refinance. She claims the property as comunity property, I signed a stipulated judgment to sell property and agrteed to give her some of the funds, however, I no longer want to sell as the property is paid off and the only form of income I have. I am going to court on Jan 20, 2011 to hear her request to sell the property. My father was joined to the family lawy, however he has not received any papers regarding the hearing to force me t osell the house. She is asking to be the one who soley makes decision on the sell of the property as well as receiving rent from the property.
THis is a very contentious divorce now scheulded for Trial late 2011.
What can I do. Im in Glendora, Ca 626 622-5090 Cell
1 Answer from Attorneys
Your case is very contentious and your property issue is very complex. Your wife probably has property rights and your father does too. The question is how to divide the property interests. If you want to keep the property you would probably need to come up with some money to buy her interest out. If the parties can't decide, most of the time the court will simply order a property sold and divided up, because she is entitled to have her share of the property instead of it sitting as equity in a home. You should should with a local attorney since your case is more complex than the average person can handle.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com
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