Legal Question in Family Law in California

my wife put me out of our residence and filed for divorce. We have a homestead (I think). The court has ordered that legal fees are to be paid from the pending sale of our house. Can they do this if we have homestead?

Asked on 5/05/13, 9:05 pm

2 Answers from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker
0 users found helpful
0 attorneys agreed

Yes, they can do this. a homestead makes no difference. The important thing for you to obtain in this situation, is that your wife's attorney fees be paid from her share of the profit from the sale of the house - not from your share.

Read more
Answered on 5/05/13, 9:36 pm
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman
0 users found helpful
0 attorneys agreed

You're in for a nightmare, when it comes to the court's authority, in a divorce. California's nanny state, over regulation has empowered the court to do virtually anything with the "marital estate," i.e. anything that has to do with the marriage. The court can stop a foreclosure, force payments, change titles, and much, much more.

In about a hundred years, when the union controlled state legislature comes to its senses, perhaps things will improve. For now, get a good lawyer who knows how to play the system.

Read more
Answered on 5/06/13, 9:22 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California


Looking for something else?

Get Free Legal Advice

88683 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Craig EpifanioCraig Epifanio, P.A.St Petersburg, FL
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Adam LambertThe Law Office of Adam S. LambertNew Orleans, LA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now