Q: Wife and I are divorcing, I set up a meeting with realtor to meet at house and wife will not allow me to be there.
There was no abuse of any kind. Unless her cheating. But I have never done anything. So we both our on deed , I still all her bills. And want to be there with realtor to protect my investment. We are splitting everything 59-50. Can I legally go with realtor?
A: Why not meet with the realtor someplace else? Have the realtor do his/her walk through and then meet with them somewhere else, or Zoom, or phone call, to discuss their assessment of value and listing price.
A:
Under California law, if you are a co-owner of the property and there are no court orders restricting your access, you generally have the right to be present during meetings with the realtor regarding the sale or appraisal of the property. This is true even during divorce proceedings, as both parties maintain their rights to the property until it is divided by agreement or court order.
However, it's advisable to communicate your intentions to your wife and possibly coordinate with her or through your respective legal representatives to avoid any conflict. It's important to handle such matters delicately, especially during a divorce, to ensure that both parties' rights are respected and to avoid escalating any tensions.
If there is disagreement about access to the property or how the sale should be handled, it may be necessary to seek mediation or court intervention to resolve these issues. Legal guidance is often crucial in these situations to ensure that your rights are protected while adhering to the laws and court procedures applicable to your case.
A:
Generally, if both you and your wife are on the deed, you both have equal ownership rights to the property. This typically means you both have the right to be present at the property and to make decisions about its sale or other significant matters related to it. However, if there is any court order that restricts access to the home, that needs to be followed.
Given the potential for conflict and the need to ensure that your rights are protected, it would be advisable to discuss this situation with your attorney. They can provide guidance based on the specifics of your case, and if necessary, help you take legal steps to assert your rights regarding the property. It's crucial to handle such matters delicately and legally, especially during the divorce process.
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