If I am 1/3 owner of a family home out of state and I get divorced, can my wife force me to sell the property and get 1/6 of the proceeds?
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If I am 1/3 owner of a family home out of state and I get divorced, can my wife force me to sell the property and get 1/6 of the proceeds?
We reside in a community property state; the property is located in an equitable distribution state.
Asked on May 7, 2012 under Family Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your ownership interest in the out of state family home that you have a one third (1/3) interest in was given to you and your name on title is as your separate property, then if you divorce your wife, she is entitled to no ownership interest in this property.
The reason is that under the laws of all states in this country, your separate property ownership in the property is your own personal property and is not community property.
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