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If my estranged husband has a condo that is not registered…

Customer Question
If my estranged husband...

If my estranged husband has a condo that is not registered as a homestead but clearly states on deed he is a married man does he need my signature to sell? Or does he need to provide any affidavit claiming it said married man in error - there is no Legal separation agreement.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

As far as?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He just out the condo up for sale

Submitted: 8 months ago.Category: Family Law
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12/17/2017
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,155
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Thank you very much for your patience on this. The answer to your question is yes, if your name is ***** ***** deed, then you will have to consent to the sale of the home. On the other hand, in your state, he can sell the property without your approval if your name is ***** ***** the deed; however, if you get divorced, he would owe you for 50% of the sale price. Did you have any other questions for me today?

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Customer reply replied 8 months ago
Doesn’t it depend on what state you live in as I am not a resident if Florida and I have an appointment on CA with a lawyer because he took up,residence there a year ago. My understanding from the day I found out that he was not returning to the home all assets he acquired prior are his but anything beforehand in Ca I am entitled to 50 percent - I live in NY and we have a home there in both our names. But all funds he misappropriated that were prior to the date He took his walk are 50 per cent mine and I can lien him for all those funds -
Customer reply replied 8 months ago
I have vocal dystonia and it makes it very difficult to be understood at times phone is not to either of our best interest
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

Where you live will matter primarily when you file for divorce because that's where assets are going to be split. Otherwise, the law of the state where the property exists is going to be the predominant law. In your case, if you are still technically married, because the property is in FL, if your name is ***** ***** the deed, he can sell it without getting your consent to do so. On the other hand, when you get divorced, the state where you file is going to determine what interest you have in the property, if any. So, for example, if you file for divorce in CA, then CA is going to treat that property as community property and likely award you half of the value from the sale. If you file in NY, which is an equitable distribution state, then the court has greater discretion to award you half (or some reasonable percentage of the home).

If the home was purchased before you got married, then you won't have any interest in the property, does that make sense?

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Customer reply replied 8 months ago
I believe it’s to my benefit to file in CA versus NY because he is a principal of a restaurant business in NY and DC with partners and NY is not a community property state -
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

Also, it'd be in your benefit to file in CA because of it is a community property state. He has to have been living there for at least six months.

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Customer reply replied 8 months ago
Year at least as He registered to vote in general election
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

Excellent. CA law allows you to file there so long as they have been a resident for at least six months so it looks like that applies. Did you have any other questions for me?

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Customer reply replied 8 months ago
The condo as purchased after we were married and after he left without any warning - at the time he was 66 that I was aware of an extra marital affair with a women 28years his junior and had a child with her that no one in our family knew of and since snother
Customer reply replied 8 months ago
He also made several home purchased and sold prior to knowledge with woman so must have commingled our assets
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

I'm very sorry to hear about that. if it was after the marriage, and you file in CA, then it'll be considered community property and you should have a 50% interest in the property. Did you have any other questions for me at all?

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Customer reply replied 8 months ago
Very complex situation
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

I can certainly understand. It sounds very complex, but it's not unusual and the law of CA will likely help you get something out of the marriage.

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Customer reply replied 8 months ago
Thanks for you inout
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

You bet. Was there anything else?

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