QUESTION

If I added my ex spouse on the title of my house and now we are no longer together

Asked on Oct 18th, 2015 on Real Estate - California
More details to this question:
Can he force me to sale ,can he move in whenever he likes while I occupy the home?Is there anyway other than buying guarantee him out to get him off the title when I have paid all if the maintenance on the house and mortgage?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Yes. When you separated, the property converted from community property to tenants-in-common. As tenants-in-common, yes, he can come onto the property anytime and even live there. He can petition a court to partition the property. Except for large parcels which might be subdivided, that means selling the property and dividing the money. Yes, selling the house or buying him out are the only options. You might be able to get a restraining order to keep him out of the house, but that might only be available after an act or threat of violence. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    
Answered on Oct 19th, 2015 at 11:46 AM

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