Will I be court ordered to sign deed for sale of our house?

UPDATED: Oct 12, 2012

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Will I be court ordered to sign deed for sale of our house?

Husband paid cash for house 3 months before legally married.

Asked on October 12, 2012 under Family Law, California


David Axinn / David M Axinn

Answered 10 years ago | Contributor

There are really two questions here: is it marital property, and if so, how is it divided. This isn't a simple situation, so I would encourage you to sit down with an attorney to discuss it.

Since you ask whether you could be forced to sign a deed, I'll assume that your name was put on the house at some point, which may make the property marital. If it is, it is divided based on a list of factors. One of those factors is what a party brought into the marriage, which is the basis for your Husband's argument. There are many other factors, however, some of which might favor you.  The length of the marriage is one of those: if this is was a very short marriage, the Husband's argument might be stronger. The court doesn't consider the house in isolation, but looks at all of the assets which are going to be divided.



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