allison
newbie
Reged: 09/24/05
Posts: 44
Loc: So Cal
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Re: HELP! Heres a funny drama for you! Enjoy....
10/01/05 08:53 PM
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Thanks so much for your comments
Its a really weird situation - the judge says, "someone buy the home for $520.00" So I offer a buy out and H says "no". (its wierd too cuz all along, letters from his attorney about how they want the buy-out, but then we ask and they say no...no reason given)- so judge says," list the home, I dont care who buys it, (my) father , joe blow, I dont care if its a straw deal...So my dad offers to buy the home for $520 and H says no. He just doesnt want me to end up with the home, even if I pay for it...
The lender found two loans that will fund the full amount of the list price using my intrest as a down payment, as I said before. Close of escrow the proceeds get distrubuted so H gets 1/2 and I get 1/2 - were just doing it on the front end. The financing is in place and the loan ready to fund. We accomplish the sale with my father on title and a quick claim removing H and putting me as co-owner.
I talked with a real estate lawyer and he said - that the judge has jurisdiction to rule that the house be bought in this manner.
What is really happening is my H will realize his interest upon the loan funding - but the court will likely hold it. He's forcing the home proir to discovery and settlement, the home sale is quite premature.
The deal ends up basically still a "buy-out" but my understanding is that here in CA - if both parties dont agree to the buy-out, the judge cant compel it -
He CAN, however, compel the sale of the home -
What the lawyer also stated was that it is usual for a judge ruling in favor of this will often order the home not be sold prior to settlement of the case. That way - if the person who bought it - whos intrest is "locked" into the home ends up owing the other party, atty fees etc - the judge can order the home sold for that purpose....
I have no problem with that - I am stuggling to understand why I can be forced from my home when we dont even have discovery on his income, vocational ability to earn what he was during the marriage, etc. I stayed home at his request and dont have much ability to afford any rental housing in this area, nor credit left to secure a place (I have 2 kids, one with H who is just 4 and never been in day care) It takes a little time to get your life in order when you've been out of the workforce for 8 years. Im in a really good paralegal school, so I'll do fine once I can get my bearings, but independence doesnt happen overnight.
I hope the judge sees it that way - the whole thing seems so unreasonable....but this is CA Family Law - anything goes it seems
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Its always darkest just before it goes pitch black" - www.despair.com
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