How can I protect my home from my co-owner's creditors?
Question Details:
Not legally married but living as married for 20 years with co-owner of home. Now separating. our 2 kids live in home with me. How do I protect myself and kids from a forced sale by their father, who has moved out and wants money to pay his taxes and consumer debt? Do the courts take into consideration that the kids live here?
Real Estate Law Answers
He cannot sell the property without your consent or a court judgment for "partition." Unfortunately it sounds like he is likely to be able to get that judgment unless you can buy him out. He should start paying child support, and you may be entitled to a "Marvin" order for "pal-imony." If you can get support orders maybe it is possible you can afford to buy him out. I usually try to point people to self-help resources when answering questions here, but in this case it sounds like you need a Family Law attorney to look at the details of your situation, get some petitions on file and advise you what your options are.
This is going to require you to get a attorney to resist any sale of the house until the children are at least 18 years old.
You can call my office for assistance in this case.
Robert J. Spitz
909 395 0909
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