Legal Question in Real Estate Law in California

Divorced husbands rights to proceeds from sale of home and property after Divorc

Please help...?Can my X-wife sell our home and property without my consent or approval,and without giving any of the proceeds to me even though my name is legally on the deed? I have been broke and basically living on the street while paying monthly child support which leaves me without any funds each month. Without money, could not afford attorney, so wife received court judgements without my attendance, by Default. Thankyou for any help.


Asked on 3/10/02, 12:42 am

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Divorced husbands rights to proceeds from sale of home and property after Di

To sell the house your wife will need your notarized signature, or some substitute for it. There are a few substitutes. However the simple answer is she'll need to notify you of any court action to attempt to clear title in herself.

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Answered on 3/10/02, 12:23 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Divorced husbands rights to proceeds from sale of home and property after Di

You didn't need an attorney to attend the hearing or to answer any complaint for a quiet title action. You should seek help right away.

You must have had a divorce settlement that addressed the proceeds from a future sale of the house. If you were supposed to receive something, then your ex may be required to put your share into a trust account for you.

You need some help to get the default judgment overturned. That should not be too hard.

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Answered on 3/10/02, 1:09 pm


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