Legal Question in Real Estate Law in California
In California, wife and I are on title to house only been about 7 months. We filed for divorce (I received summons) we both don't want to sell as we have 2 little ones(2 & 4). I want to buy another house (primary residence) with 3% maybe 5% down, is that possible? Or do i have to relinquish any interest in the property?
1 Answer from Attorneys
The Family Law court will allow you to do pretty much anything you want as long as it is financially viable, agreed to by both parties with fully informed consent, and eventually results in a final distribution of the community assets and debts 50/50. Couples with kids commonly agree to some plan in which one of them continues to reside in the family home with some fair cost and appreciation sharing deal, and either agree that one will buy the other out when the kids are grown, or sell when they are grown and share the proceeds according to agreement on how 50/50 distribution will be achieved. That may involve one spouse deeding the property to the other with payment due on sale, or by a certain date, or they may agree to continue to co-own it under some other form of agreement.