Can I keep the house?
May 18, 2006 10:24 AM Subscribe
Can one partner of a divorcing couple compel the sale of the house for the purpose of division of assets?
posted by pgoes to Human Relations (7 answers total)
IANAL and YANAL, but perhaps Metafites can advise before I see a lawyer:
My spouse and I may be divorcing soon. We live in CA and own our house jointly as community property. If my spouse wants the house sold as part of the division of assets, but I want to keep it and live in it, am I compelled to sell if no other agreement can be reached?
I recognize some options, such as selling at some future date and splitting the equity then; or me buying out my spouse's interest at the current assessed (or market) value. But my spouse may want the money immediately, and for emotional reasons would not want me to keep the house.
This may be the only potentially contentious issue in an otherwise amicable split.