Legal Question in Real Estate Law in California
co ownership
i won a home with my ex husband the divorce papers state I am to reside in said home with minor child until she is of age or 4 years he has not kept up his part of the agreement half up keep of the said home she has become violent and I filed a police report this evening due to a situation we had earlier I called her father to pick her up I found out I am ill and suffer from Rsd as of late and fear of loosing my home is another stress I acnnot bare I would like to have him removed from said title and remain in the home with or with out the minor child I fear for my health and safety due to her violent temper . He has only shown intrest in her in the last month my daughter will be 17 in feb and we have 50/50 custody I do not want to loose my home and fear I may what can I do?
1 Answer from Attorneys
Re: co ownership
Aren't you going to "lose" the home anyway when the time runs out in February, 2009?
Assuming the Family Law Court still has jurisdiction when the house is sold and the sale proceeds are divided, you should ask the court to award you a greater share of the net proceeds based on your proof that your ex-husband has not paid his fair share on the maintenance.
Sorry I can't help you with the health, safety and temper issues, which seem to have little or nothing to do with the future of the house or even the allocation of the sale proceeds.
The method for obtaining enforcement of your rights upon the eventual sale of the family home is primarily a family law issue and should be addressed to the attorney who handled your divorce.
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