Do I have to let property go in a summary dissolution of marriage? 3 Answers as of April 01, 2011In a summary dissolution, one of the requirements is the couple cannot not own or have an interest in any real estate (house, condominium, rental property, land, or a 1-year lease or option to buy). What if I have a lease (no option to purchase) for the residence in which I live? Do I have to terminate the lease within a year? Do I need to show that to the court/Judge after I terminated that?
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If your remaining time on your lease is less than one year, you would likely qualify for a summary dissolution. If you and your wife agree that you can stay in the leased residence or apartment and still get a summary dissolution, perhaps you can work out an arrangement with your landlord to terminate the lease just short of one year, with the understanding that the landlord will re-rent to you after that year is up. The court does not check the veracity of the facts stated in the joint petition for summary dissolution, and a summary dissolution is granted without any live court hearing.
Answer Applies to: California