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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37344
Experience:  Attorney with 16 years experience
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My spouse locked me out of the house, California, No, we

Customer Question

My spouse locked me out of the house
JA: Family law varies by state. What state are you in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No, we have talked to a mediator. But no papers have been drafted or signed
JA: Anything else you want the lawyer to know before I connect you?
Customer: we own a house. His grandpa did a gift letter to his grandson for 100k while we were married, do I have a fighting chance for that portion of the house?
Submitted: 2 months ago.
Category: Family Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Are you in the process of a divorce?

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Are you saying grandfather gave your spouse $100K?

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thanks

Barrister

Customer: replied 2 months ago.
we are getting a divorce. We hired a mediator to file for us. We have not sign a settlement agreement yet. And yes the grandfather gave his grandson - the spouse 100k for the purchase of the house. It's written on in a gift letter
Expert:  Barrister replied 2 months ago.

Ok, then in any divorce that would be considered his separate funds that he contributed to the purchase and he would be entitled to pull that back out of the proceeds of any sale. Then any remaining surplus over what is owed would be divided equally between the two of you. If grandfather gave it to both of you, then it would be a marital asset that would be subject to division in the divorce.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 2 months ago.
Okay, how can I force him to let me buy him out? He can not afford the house but I can.
Expert:  Barrister replied 2 months ago.

You can ask the judge to order a "partition sale" where the property is sold at public auction to the highest bidder if he won't agree to a private sale, Then you can bid on the property and buy out his interest. This type of sale only attracts bottom feeders and investors, so it may sell below market value and you could buy him out for actually less than fair market value since a bidder has to have cash or financing already set up.

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But you would want to have your financing set up with your bank prior to any sale so you can bid easily.

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thanks

Barrister