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A.D. Barnett
A.D. Barnett, Lawyer
Category: Family Law
Satisfied Customers: 414
Experience:  Attorney since 1994, experienced Divorce Attorney, Child's Attorney, Adoption, Guardian ad Litem
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As our divorce process drags on, housing market rates go down,

Resolved Question:

As our divorce process drags on, housing market rates go down, and I'm going to be bought out for less and less than I could have months ago. Is there any precedent (in a community property state e.g. CA) that stops this downward spiral, and fixes the market price of our house at some point, say, closer to when separation occurred, rather than now, almost 2 years later? Signed, Feeling Jerked Around
Submitted: 8 years ago.
Category: Family Law
Expert:  A.D. Barnett replied 8 years ago.
Good morning! I believe I can help you.

It depends on the situation. If the liquidating of the community assets was the result of someone dragging their feet, then you might be able to argue that waste of the marital property took place and that loss should come out of your spouse's share of the proceeds and not yours.

I'm not going to lie to you: That will be a hard sell. Judges don't like to speculate on things. You may have to prove that there was an offer on the house months ago and the sale didn't take place because your spouse was being unduly difficult. It's a long shot, but it's a possibility.

I'm sorry you are going through this. Divorces are often terribly unfair, frustrating and financially draining. I hope you see some resolution soon so you can look forward to your future. I would recommend you explain your situation to a local attorney who can work on your behalf to move things forward.

Best of luck! If I helped, please click "accept." Thanks!
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