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LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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If my wife get file a divorce , we have been own a house thru

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If my wife get file a divorce , we have been own a house thru gift to me by my sister and me and her name is XXXXX XXXXX of the house under loan, my question is can we make a divorce a simple only no property involve, anyway I'm the one paying the house and property tax or i'm the one who file a divorce for her because she don't want me anymore, even thought she is the one involve with the guy is look like they have relationship, I get a voice recording from her and when we get quarrel she let the guy pick up her one time early morning 6:30 am to bring her to her work and after 3 days one of her friend told me that my wife ridding a car of that guy going to her other job in care homes which is that guy is her co worker in that care homes but that time and day my son bring my wife to her work 1:00 pm and somebody told me my wife and the guy going to work at 2:45 pm. And i heard in my voice recording she is saying that they are on for long time already talking to her friend but my voice recording was accidentally erase, she don't want to sleep in my room anymore for 4 month already, I want to settle it but she don't like me anymore, I don't agree if she file a divorce and theirs a property involve and anyway our children is big enough one is 19 yrs. old, 22 yrs. and 26 yrs. old. What can I do for this situation?

LADY LAWYER : Hello, Thanks for choosing! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : You said the house was gifted to you by your sister? But you have some sort of loan on it too?
LADY LAWYER : Can you please elaborate on those two things a little more? Thanks!
Customer: My sister quitclaim to us the house and we just continue the mortgage loan, my concern right now if we are going to divorce I 'm aware the house might be put in sale and divide the equity. I don't want to happen like that. Who will file a divorce me or my wife?

If your sister gifted you the house, then the house would remain yours. If your sister meant to gift BOTH of you the house, then it would be considered the marital home and is subject to division in the divorce.


If the house is a marital asset and you want to keep the house and your wife agrees to that, then you can "buy her out." In otherwords, you can pay her or give her something else that would be equal to half her share of the equity in the home.


If your wife doesn't agree to this, then she can ask the court to partition the home and you're correct, the judge could order it sold and the equity divided between the two of you. Ultimately, if your wife doesn't agree with what you want to do, it will be up to the judge to determine what to do.


Either you or your wife can file for divorce--it does not matter who files first at all.


If you have any further questions, please just let me know--I am happy to answer them! If not, would you kindly consider a positive rating at this time? It costs you nothing further to do but it is the only way the site compensates me for helping customers here. Thanks so much!

Customer: If my wife file a divprce and she want a partition of the property can I disagree , what I mean I don't want to sign a divorce paper is that okay?
LADY LAWYER : You can fight her on the divorce and the partition, but ultimately, the judge will grant the divorce. CA is a no fault state and a spouse doesn't need a reason to get divorced. The court cannot make a party stay married to another if that party doesn't want to. With regard to the partition, the court COULD rule against it, but if the house is considered marital property, the judge is going to require you to compensate your wife somehow for her share of equity in the home so that you can then keep the home in the divorce.
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