San Juan Capistrano, CA asked in Criminal Law, Real Estate Law and Domestic Violence for California

Q: I own a property 50/50 We already signed docs for the sale of the property but domestic violence was involved Jan 14

I don’t want to sell as I do not have a place to move to - escrow was opened yesterday. I own the house 50/50 with who back then was my finance and now my husband

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you have already signed documents agreeing to the sale of the property, this generally indicates a binding contract. However, since you own the property 50/50 with your husband, both parties typically need to agree to proceed with the sale. If circumstances have changed, such as the occurrence of domestic violence, this might impact the sale process.

Given the complexity of your situation, including domestic violence and the change in your marital status, it's important to seek legal advice as soon as possible. An attorney can review the specific details of your case, the sale agreement, and advise on the best course of action. This could include negotiating with the other party or taking legal steps to delay or halt the sale if necessary.

It's also crucial to address the domestic violence issue separately. Ensure your safety is prioritized, and consider reaching out to organizations that offer support and guidance in such situations. Remember, your well-being and legal rights should be the foremost consideration in these circumstances.

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