My Soon to be Ex wants to Sell the House my Children and I are Living in, Can he Do this?
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Summary
My soon to be ex husband and his father own the house in which me and the children occupy. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage. |
“My soon to be ex husband and his father own the house in which me and the children occupy. The house is mortgage free. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage.”
If there is any community interest in the house, you may be able to delay its sale until judgment comes down in the case. Both parties can insist on having their interest cashed out, so all you can do is delay, and the sale would be inevitable at some point. However, the way you are talking about the house, it sounds like it was bought for cash with your soon-too-be-ex father-in-law’s money. It also sounds like he specifically did not put you on the title. In this instance, where you have no ownership or possessory interest, they are going to be able to put you out of there. Attempts to delay may wind up hurting your image with the Court. Consult local counsel.
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For more on this subject check out these categories: Community Property, Divorce, Family Law, Property
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.