ImAlive
recently joined
Reged: 08/07/06
Posts: 6
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It's called DIVISION of property. I get half of the equity and that is the law. I am just going to have her refi before the 6 years and from what I have read & heard it is VERY possible. If I had an attorney I wouldn't be on here now would I? Thanks for no help at all. I thought there would be more informed people on hre but I guess I'm at the wrong board.
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Cinder2
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4361
Loc: Southern California
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Dear ImAlive,
Division of property in no way implies that it is 50%/50%. There is no law that says you get half the equity - none at all. You are mistaken. Community property laws say that husband and wife own all property jointly but there is no law that says that everyone gets 50%. If that were true we wouldn't need any lawyers or courts at all.
What specifically does your court order of dissolution say regarding the house?
Cinder
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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Please explain how to force someone to do some action that is not written in an order. How do you intend to enforce something that isn't in writing?
Also, the division of equity depends totally on how other assets from the marriage were split. If it turns out that you were given a greater share of the assets, she may in fact be entitled to a greater part, even all, of the equity. It isn't done on a single item, but the larger picture of ALL marital assets are considered.
You're not at the wrong board, you're just not listening.
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ImAlive
recently joined
Reged: 08/07/06
Posts: 6
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Melody & Cinder2, I see you both stick together as thick as thieves throughout several boards. I honestly can see why the guys in your lives divorced you both. I do see why you would so sexist to ALWAYS help the ladies out as to think "we'll scrw over alla males". I did speak to an attorney and we have a court date. WE BOTH get half of the house. Meaning she is awarded to live there but I get half of the equity. This is California which is a 50%-50% state. We divide our property and even though she is living in the house, we split the equity. I can't believe that you think the law applies differently to you or your friends.
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Cinder2
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4361
Loc: Southern California
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Dear I'mAlive,
Thank you so much for your inaccurate assessment. It would help if you gave correct information when asking questions. There's no way you can still be "going to court" over your house if your divorce is already final. We each asked you several times what your divorce papers said and you did not answer. It's really hard to advise someone when they don't tell the whole story or half the story.
good luck,
Cinder
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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So nice of you to crawl out from under your rock! You think you know so much....I'll have you know that Cinder and I don't always agree on things. So THERE!
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