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Barrister
Barrister, Lawyer
Category: Real Estate Law
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Experience:  14 years real estate, Realtor. Landlord 24+ years
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We own two different homes one in Idaho which is up for sale

Resolved Question:

We own two different homes one in Idaho which is up for sale to move back to our home in California. Well I was snooping on line and found he put the California house for sale never told me, I'm sick about it. Niether house is in my name due to credit, it's been hard trying to fix it without his help I'm still trying. We have been married ten years together thirteen years, we have a child together. What are my rights if any?

Jackie Hinojos XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Were the houses acquired during the marriage or did he own them before you got married?
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When you say "what are my rights" what exactly are you referring to?
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Thanks
Barrister
Customer: replied 1 year ago.
The House in California was bought while we were together but not married. The house in Idaho we were married. I guess I want to know can he just do what he wants sell it without telling me? and do I get any of those funds? after all I've been working through our whole rellationship for the same company for 15 years. So trust my money is in both houses and taxes everything.
Customer: replied 1 year ago.
Thanks any how So are you telling me you can't help me?so I just spent five dollars that's it right?
Expert:  Barrister replied 1 year ago.
Ok, if the house in CA was bought while you were together but not married, then if you contributed to its purchase and then maintenance throughout the years, even if you weren't on the title, you would have an equitable claim for half its value if you were essentially partners in the purchase. If you were married when the Idaho house was purchased, then it would be marital property subject to an equal division whether your name was on it or not.
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But with either house, even if they are in his name only, you have a "spousal interest" in the houses due to being married and would have to sign off on any sale in order for it to go through. For example if he were to die, you would inherit some portion of the houses through a spousal election. Since you have an interest in the houses, you have to disclaim that during any sale so they can be sold free and clear of any encumbrances to the title.
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So no, he can't simply sell either house out from under you without your knowledge and consent.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 24582
Experience: 14 years real estate, Realtor. Landlord 24+ years
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