What Happens to the Family Home in the Event of a Divorce
Is it true that I may be awarded more than half the value of the home?
As stated before, there are many exceptions to the general rule. Separate property contributions, timing of the acquisition of the property, payments made after separation, other contributions, and distribution of other assets can ultimately “tip the scale” up or down causing one party to be entitled to more or less than half the value of the home.
I have moved out of the home. The home is in my spouse’s name only, how do I protect any interest I may have in the family home? Again, this is very common, but dangerously tricky. Fortunately, there is something called “lis pendens”. The most literal translation means, “Litigation Pending”. This is a document that is prepared by attorneys and recorded with the County. A lis pendens simply gives notice to everyone that there is pending litigation with regard to this property. Why is this important? The lis pendens can keep a persona from selling the home, or taking any further liens against the property. Simply put, it keeps the property at “status quo” during the litigation process. FILING A LIS PENDENS IS VERY TRICKY, IF YOU DO IT WRONG, YOU WILL PLACE YOURSELF IN A LEGALLY DANGEROUS POSITION. DO NOT ATTEMPT TO FILE IT YOURSELF.
Preparing, serving, filing, and recording the Lis Pendens requires that very specific, and not flexible, procedures be followed. If the Lis Pendens is not properly prepared, not properly served, or not properly filed or recorded, you will be in one form of trouble or another. Again, DO NOT attempt to file this on your own, call us today. We will ensure that you are protected.
What happens to property we own that is situated in another State?
The Court in California can make orders as to how the property is to dispose off, which the parties must follow. However, if you want to record a Lis Pendens or you want to enforce the order in the other State, certain procedures must be followed both in California and in the other State. The procedures change and vary from State to State.