Length of Divorce

**Lukka** · 09-25-2007, 02:28 PM

I live in California and I know the minimum amount of time it takes to get a divorce is 6 months...but can drag on longer. I have a couple of questions regarding timeframe and selling our house.

1) If my husband buys me out of our house and I move back into a condo (currently a rental) that I had prior to marriage, how long can he take to "buy me out". Can he drag it on forever? Can he move people in to the house to help pay the mortgage even though my name's still on the deed?

2) If my husband wants to stay in the house but I want to sell it immediately and split the $$$, is there a law that says we have to sell the house?

**moburkes** · 09-25-2007, 07:56 PM

Quoting Lukka

I live in California and I know the minimum amount of time it takes to get a divorce is 6 months...but can drag on longer. I have a couple of questions regarding timeframe and selling our house.

1) If my husband buys me out of our house and I move back into a condo (currently a rental) that I had prior to marriage, how long can he take to "buy me out". Can he drag it on forever? Can he move people in to the house to help pay the mortgage even though my name's still on the deed?

2) If my husband wants to stay in the house but I want to sell it immediately and split the $$$, is there a law that says we have to sell the house?

1. Well, it depends. He might not be able to refinance the home. Yes, he can.
2. A judge can order you two to place the home on the market, but no one can force someone to actually buy the home.

**aaron** · 09-25-2007, 08:25 PM

A judge is extremely unlikely to exclude one of the parties from purchasing the house for fair market value, even if the house is ordered to be sold.

**Lukka** · 09-26-2007, 06:38 AM

Thank you for your responses. Here are some more details that maybe you could respond to...

My husband has a job that's straight commission and he's not making much money now. There's no way he would be able to afford our house on his own, but I could definitely see him moving in 2 or 3 tenants, which would help with the mortgage. (1.) If I move out of our house, but want to sell the house.....can he put off selling the house for as long as he wants, while having tenants live there? (2.) Or, if he buys me out of the house, but waits until he has enough $$$ to buy me out...could it end up that I'd have to wait for years to get my money out of the house?

I don't want to move out with the expectation of getting my share of our house....only to have to wait months or years while my ex is still living in the house w/roommates.

**moburkes** · 09-26-2007, 06:41 AM

That is something for a judge to decide on. Be aware in many situations, the person who moves out is left waiting for the home to be sold. But, if you request that it be put on the market now, then there could be a sale.

**Lukka** · 09-26-2007, 07:04 AM

Thank you for the information.

My husband is definitely the type of person that would drag this on and keep my hanging for as long as possible, plus he'd love to get back at me by filling our house up with people/friends/girlfriends while my names still on the deed and while I'm waiting for my $$$. I definitely want to avoid that.
Thank you.