Legal Question in Family Law in California

Me and my wife are separated for over 1 year, and going thru divorce. Can I come back to live in my house that she is living right now with my 2 kids? She did not pay the mortgage of our house for 11 months now.


Asked on 11/28/11, 2:15 am

2 Answer from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

If there is no court order precluding you from returning to the residence, then it seems that option is available to you. However ,from a practical standpoint, you and your wife should come to some agreements about this arrangement to properly plan this event and to keep the peace. I am assuming from the length of time the mortgage has not been paid, the house is on some type of foreclosure track. If you and your wife cannot reach an accord re: the house, it's time to file your divorce petition as well as a motion to address the house and parenting plan for your children.

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Answered on 11/28/11, 6:44 am


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