california divorce

[amazonstarj]

We own our home here in california with a small mortgage left, 40,000. My soon to be ex has mentioned that he wants to buy me out of the house, although he wont have 50-50 custody of our 3 children who are 10,8 and 5. I will more than likely request a higher percentage of custody since I know he wont want them to live with him and the children would rather live with me predominantly. I would like to know if I should agree to his buying me out and then I would have to start with a new mortgage to keep a roof over mine and the children's heads or if I should stay put and have the sale of the house delayed until a set date that would work for the children's emotional stability. His mother, who has ample funds available is encouraging himn to buy me out since she is more than willing to give him the money.

What would be the best course of action?

 

[I AM ALWAYS LIABLE]

My response:

From a legal, contractual, community property standpoint, your best course of action would be to get your name off that mortgage contract as soon as possible by having him re-finance that house. Let him buy your community property share.

I will not address your emotional issues.

IAAL

 

[amazonstarj]

family law question responses

Thank you all for answering the few questions that I did have...in response to IAAL...I realize this is a free service and that you do not need to elaborate your answers but you could have as we say in my field have a better "bedside manner" but your advice is well taken (albeit 3 times is excessive). I have made an appt for a lawyer in my area which is what I planned to do without your advice. I only wanted to get a few other opinions to compare notes so to speak.

As for the other person who said that I am lying in wait for my mother in law to pass on...that could not be farther than the truth...I have plenty of money in my own right(which has never been comingled) and I am only looking out for the welfare of my children and my husband's responsibilities.

Since divorce has never happened on my side of the family, I am not familiar with the terminology and the consequences related to those and I, therefore, felt the need to address it and was certainly not getting into my personal, emotional issues since it is not anyone's business but my own and my childrens.

Again, thank you for your assistance to my questions.