Suisun City, CA asked in Family Law for California

Q: Can an ex wife sell the home. Husband left the family and now lives out of the country and unable to come back due to

Have lost Immigration status?

Related Topics:
1 Lawyer Answer
Gina Marie Famularo
Gina Marie Famularo
Answered
  • Corona, CA
  • Licensed in California

A: If you are asking me if life can legally sell the property, the answer is "I do not know." That would depend on whether a divorce has been filed, is pending, or, if the divorce has been finalized, the terms of the judgment.

If you are asking, can wife as a practical matter sell a piece of property, the answer is "Yes." The wife can sell the property if she is only on title or gets a court order allowing her to sell the property without husband's permission. However, if husband has an interest in have property and wife sells the property, husband would have a right to receive some of the profits. If he has not been paid anything, he would have to petition the court to divide the monies (assuming wife still has any of the profits left).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.