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View Full Version : CA - Divorce forces sale of home???


evilrabbit
04-20-2006, 11:56 AM
I'm going through a nasty divorce and the main issue is our community property. Back in Dec-03 the house was refi under his name only... I signed a quit claim deed because I was going to purchase a separate property shortly after receiving money from the refi. I did not receive half of the value of the home and so that is what we are fighting for. I believe I still have over $60k coming to me from the home and possibly more from other community assets.

Well, my question is... assuming the judgement is $60k to be paid by my ex for my share of the family home. What is the next step? Is he forced to sell or refinance the home again? Or do I have to put a lein on the home and wait an awful long time before I see any money from it?

elklaw
04-20-2006, 11:13 PM
Your divorce is a unique event, meaning that the property division may not be 50-50 per an asset, but ideally will be 50-50 overall. Also, it is unclear if the house can be claimed as separate property because you may not be entitled to half just because you lived there depending on when the proeprty was purchased and if he always maintained it separately and paid everything and got it prior to marriage. You need to address this to your divorce attorney. I realize you don't want to pay for the advice, but you need to because there is obviously a bigger asset picture and many details involved which would make it impossible to give any kind of accurate or general answer on here. You are focusing on the house when maybe you need to be focusing on the overall asset picture since there may be other ways for you to be compensated for the home proceeds, that is if you are even entitled to 50% of them.

evilrabbit
04-21-2006, 07:57 AM
We were married in 1990. The house was purchased in 1995. All the contents of the house were purchased while we were married. We both worked full time jobs throughout the marriage. So I am pretty sure I am entitled to 50% of the assets and property. My question really is, after the judgement how do I collect the money that is owed to me? I'm sure he will delay it as much as he can because he knows I am suffering financially right now. The property is in his name only right now because of the quit claim in Dec-03. Can he be forced to sell the home or refinance it within a specified period of time?

elklaw
04-21-2006, 08:20 AM
Again, you need to talk with your divorce attorney and have the divorce attorney develop a plan to get you what you want. There may be other ways to be compensated and the court may not necessarily order him to refinance or for the home to be sold. There may be stocks, bonds, CD's, and other accounts that can be liquidated or property sold to get the money, so this is the best answer you can get. You really need to look at the big asset picture and talk with your divorce attorney. This site is not a substitute for legal advice with a real, live attorney.

evilrabbit
04-21-2006, 08:41 AM
Thanks for your input. I am scheduled to go to court May 19th and so I guess I will ask my attorney these questions while we wait in the hallways (to avoid having to pay her for any phone calls or extra time). There really aren't any stocks, bonds, Cd's or anything else like that... Just the house. I just didn't know what the process was in collecting after a divorce judgement. But thanks anyway.

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