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My disabled ex husband will be turning 50 soon and has been…

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My disabled ex husband will...
My disabled ex husband will be turning 50 soon and has been in a nursing home since 2008. Medical pays for most of his expenses and the rest is covered by social security benefits. He is the co-owner of our house. Can I sell the house and what are the obligations to the state of California? Can his half be divided among our 4 children?
Submitted: 8 years ago.Category: Legal
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Answered in 5 hours by:
6/22/2010
Lawyer: INFOLAWYER, Attorney replied 8 years ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,570
Experience: Licensed attorney helping individuals and businesses
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Hello and thank you for your question. Is he incapacitated?
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Customer reply replied 8 years ago
Yes, but my eldest daughter has conservatorship for him.
Lawyer: INFOLAWYER, Attorney replied 8 years ago
If she does not consent, you cannot sell unless you bring a partitiion action in court to force the sale and divide the proceeds.
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Customer reply replied 8 years ago
He has MediCal and is in a long care facility. If I were to sell the house, is his half of the money from selling the house accessible? Can I divide it between our children or does it belong to the state of California? My daughter that has the conservatorship over him consents to selling the property. What is my obligation to the state of California?
Lawyer: INFOLAWYER, Attorney replied 8 years ago
The court would set the conditions ofsale and may call for his half to be placed in trust
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Customer reply replied 8 years ago
I've hearth that if the sale of house would take place before his 50th birthday, his portion of the money from sale of house could go to his children not to the state of California and court would not have to make any decision. Is this information valid?
Lawyer: INFOLAWYER, Attorney replied 8 years ago
The court has to be involved in ordering the sale from what you mentioned and will not take away his share
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Customer reply replied 8 years ago
Please, answer me to the first part of my question.
"I've hearth that if the sale of house would take place before his 50th birthday, his portion of the money from sale of house could go to his children not to the state of California."
Lawyer: INFOLAWYER, Attorney replied 8 years ago
It would not automatically go to either the state or his children based on age.
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Customer reply replied 8 years ago
So, in the case of home sale what would be the legal process. Could you explain little bit more-?
Lawyer: INFOLAWYER, Attorney replied 8 years ago
The court would order the sale and then seek to divide the proceeds. It will also see if parties can settle first
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