Divorce, husband wants to sell house

[scac1111]

What is the name of your state? California

I need help! My father left my mom, my sister and I and ran off when another woman and now wants his share of equity in the house. I am the only source of income in the household. My father doesn't work, my mother and sister are disabled and can't work and my sister has a 6 year old that I'm also supporting. I am on the title of the house along with my mother and father and I am willing to refinance and give my father his share so he can get off title, however he says thats not good enough and wants to sell the home. We have told him that we have no where to go and he doesn't care. I don't have much money and I know I need legal help but don't know how to go about it. My mother filed for divorce already, but we need to be able to stay in our house. Please help!

[nextwife]

If your mom AND sis are disabled, they should be entitled to some SS disability benefits. Neither can do ANY work? What are their diabilities? And what about sis's child, if she's not helping, is she doing what she can to make sure the FATHER is helping to support her child?

If you and sis are adults, it is no longer his responsibility to provide housing for you, sis, or her baby. Mom, however, does have spousal rights and needs to get an attorney. She has rights to share in all assets accrued during the marriage, including his retirement.

[LdiJ]

Originally Posted by nextwife

If your mom AND sis are disabled, they should be entitled to some SS disability benefits. Neither can do ANY work? What are their diabilities? And what about sis's child, if she's not helping, is she doing what she can to make sure the FATHER is helping to support her child?

If you and sis are adults, it is no longer his responsibility to provide housing for you, sis, or her baby. Mom, however, does have spousal rights and needs to get an attorney. She has rights to share in all assets accrued during the marriage, including his retirement.

Actually, since she is on the title to the house, she DOES have rights where the house is concerned. The house is not just marital property. Her father can't sell it without her signature, and since she will not be a party to the divorce I don't see how a judge could order it to be sold in the divorce either.

It would appear to me that dad would also only be entitled to a third of the equity.

I agree that her mom needs an attorney. She may qualify for legal aid since she is disabled and not working. However she may need one too to help protect her ownership rights.

[nextwife]

Originally Posted by LdiJ

Actually, since she is on the title to the house, she DOES have rights where the house is concerned. The house is not just marital property. Her father can't sell it without her signature, and since she will not be a party to the divorce I don't see how a judge could order it to be sold in the divorce either.

It would appear to me that dad would also only be entitled to a third of the equity.

And who stated she didn't? I just noted that she also has rights to retiremnt and other assets.

The home was the marital homestead. He and she both have rights to the equity. However, if there is significant equity, then likely she will need to be prepared to buy out his share if they wish to stay, and to get him off the mortgage. She, in turn, would very likely be able to get some alimony.

[nextwife]

Originally Posted by LdiJ

A
It would appear to me that dad would also only be entitled to a third of the equity.

Not necessarily. Unless we know EXACTLY how title is vested, we cannot know what the split of interest is. It's possible mom and dad share a half interet between them, and son the other half, meaning mom and dad may only have 1/4 interest each!

However, a sale cannot occur unless all parties join in. NO title insurer would insure a conveyance otherwise.

[LdiJ]

Originally Posted by nextwife

Not necessarily. Unless we know EXACTLY how title is vested, we cannot know what the split of interest is. It's possible mom and dad share a half interet between them, and son the other half, meaning mom and dad may only have 1/4 interest each!

However, a sale cannot occur unless all parties join in. NO title insurer would insure a conveyance otherwise.

True, the son (or daughter) may own more than a third of the home. However, in the other post that you responded to...you misunderstood me.

You first told the OP that dad was not responsible to provide him/her housing and that only mom had rights.

What I was pointing out was that the OP did have rights where the house was concerned....you misunderstood me because you took the adult child as being a son, and I took the adult child as being a daughter...so you thought I meant mom when I said "she"...LOL

[BelizeBreeze]

LADIES!!!!!!!!!!!!!!!!!!!!!

Do I have your attention now?

GEEEZ, I thought catfights were fun.

O.K. At the present time there is no discussions regarding divorce unless you have some 7th sense and have divined that from outside of this thread.

Therefore, POPS, as ****ty as he is, can simply file PARTITION and force the sale of the home.

Now, to the original poster, why don't YOU and MOM file PARTITION In Kind against good ole' pops and be sure to add into the suite "Fees, costs and court assessments to be taxed to defendent" and then when the court decides to sell the place, offer the solution that you will refinance to provide pops with his 'court ordered' share or have your attorney show up at the sale and offer the minimum.

There is nothing in the law that says you can't purchase your own home from a partition sale