Legal Question in Family Law in California

My wife is filing for legal separation in California. Can I delay or prevent this? If this is granted, can she force the sale of our house?


Asked on 3/28/17, 1:18 pm

1 Answer from Attorneys

You cannot delay or prevent it any more than you can delay or prevent anyone from filing any legal proceeding. It is a matter of right for them to do it if they wish. As for whether she can force the sale of your house depends on the specific details of your individual and joint finances, and personal circumstances. If there are enough other assets to compensate one spouse for their share of equity in the home, a sale might not be ordered. If there are minor children of the marriage, sale may be postponed until they grow up, or for a certain period of time for the custodial spouse to refinance the non-custodial spouse out of the property. If there are no minor children, and few other assets, then there is a fairly good likelihood that a sale will be ordered.

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Answered on 3/28/17, 1:29 pm


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