Legal Question in Real Estate Law in California

My ex husband and I own a mobile home together. We got divorced, but the home was not discussed. He has been living in it and he let me and our child live in a homeless shelter. Now I have a apartment and he wants me to just sign over the mobile home to him so he can sell it. I told him NO, I want half the $$ when it sells. What are my legal rights? How can I get my half? I just know he will sell and have me sign then not give me my half.


Asked on 7/12/16, 7:39 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I have three possibly helpful comments to make. First, note that mobile homes can either be personal property or real property depending upon whether they are still mobile or have been semi-permanently attached to the real estate. If they are personal property they are licensed and registered by the Department of Motor Vehicles; once they become real estate (like regular houses), the documents reflecting ownership are recorded with the County Recorder. This distinction may be useful to keep in mind when looking for, or filing, ownership documents. Second, it's somewhat distressing that a major item of property wasn't listed in either of your dissolution filings with the court. I'd review them carefully to make sure that's accurate, and also look for anything in your final decree that mentions undisclosed property. If your dissolution was very recent, you could perhaps go back to court for a modification.......did either of you use a lawyer? If so, ask him/her. Finally, I think your telling him NO was the right thing to do; if the DMV or County Recorder papers on file show it is jointly owned, you should deal with a buyer jointly and make sure that the purchase price is received by each of you in proportion to your ownership interests.

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Answered on 7/12/16, 8:42 am


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