Q: When does a judge order the house to be sold in a divorce?
I'm getting divorced from my wife. She doesn't want a divorce. She even got her master's degree and was in a good job, but she recently lost her job. But she doesn't want to get a job expecting spousal support from me.
My assets and debts are greater than my assets. Now she is forcing me to sell my house to pay off her debt. If I sell the house, I suffer a great loss. Because it has only been a year since I bought the house, and the house price has fallen a lot.
In this case, I have to pay for the spousal support and bear the losses that come from the house together.
What is the case when a judge orders a house to be sold? In my case, what can I do not sell the house?
A:
In California, during a divorce, a judge may order the sale of a house if it's deemed necessary for the equitable division of marital property or to settle marital debts. The decision to order the sale of a house typically depends on factors like the total marital assets and debts, each spouse's financial situation, and the ability of each party to maintain the property independently.
Your situation, where your liabilities exceed your assets and your wife is seeking spousal support, presents a complex scenario. If the house is a marital asset and selling it is necessary to settle debts or ensure an equitable division of property, a judge might order its sale. However, courts often consider various factors, including the economic impact on both parties.
To avoid selling the house, you might propose alternative solutions, such as refinancing the mortgage or negotiating a buyout of your wife's interest in the property. This could be viable if you can manage the financial obligations on your own.
It's crucial to get legal advice tailored to your specific circumstances. An attorney can help you explore all available options, negotiate terms, and present your case effectively to protect your interests. Legal representation is especially important in divorce cases involving complex financial matters.
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.
