Who is entitled to a sale of property in a California divorce? 6 Answers as of March 17, 2011

My parents who are divorced just sold their Mobile Home, my question is, is my father's current wife entitled to any monies from the sale?

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Particularly if Title is held jointly by your mother and father, but even if they are not, your father owned the property prior to marriage to his new wife. It is therefore separate property. His current wife is not entitled to any proceeds from the sale (assuming there has been no increase in value of the asset, which surely depreciated). It would be more clear, of course, if the disposition of the mobile home was provided for in the Stipulated Judgment from your mother and father's divorce.
Answer Applies to: California
Replied: 3/17/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It depends upon what the Divorce Judgment says will happen with the Mobile Home or its sale proceeds. If the Judgment awarded the Mobile Home to your father, without ordering him to pay a portion of the proceeds to your mother, the proceeds are all your father's. If the Judgment awarded the Mobile Home to your father and mother to own as joint tenants or tenants in common, it would depend upon whether the Judgment contained a reservation of jurisdiction to deal with issues regarding the Mobile Home. If the Judgment contained such a reservation of jurisdiction, your mother could file a Notice of Motion or Order to Show Cause to request that the Court divide the proceeds. If there was no such reservation of jurisdiction, your mother could try to file such proceedings, and if unsuccessful in the Family Law Court, she could file a civil lawsuit to dissolve the partnership between your father and mother and divide the assets. If the Mobile Home was not addressed in the Divorce Judgment, your mother could file a Notice of Motion or Order to Show Cause requesting that the Court divide the adjudicated asset.
Answer Applies to: California
Replied: 3/16/2011
Bartholomew & Wasznicky LLP
Bartholomew & Wasznicky LLP | Hal D. Bartholomew
The answer really depends on whether the mobile home is community property between you father and his current wife. If it was purchased with income earned during the marriage with your mother it is community property of that marriage and needs to be divided as a community asset between your father and mother. It also depends on how it was purchased, what names were registered on the title, and the source of the purchase price, the down payment and whether your father and his current wife have made payments on any loan. This is not a simple issue. Your father should consult with a family law attorney to understand his rights.
Answer Applies to: California
Replied: 3/16/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Your question is a bit confusing. The owner of a home is entitled to the sale proceeds. If the mobile home was owned jointly by your mother and father, then they share in the sale proceeds according to their interest in the property. Unless your stepmother is a co-owner of the property (and I have no reason to believe that she is) then she has no interest in the sale proceeds. Assuming that your father is entitled to proceeds from the sale, these proceeds would be his separate property. I would suggest reviewing the settlement agreement (or judgment) to determine the property rights of the parties. I hope this answers your question.
Answer Applies to: California
Replied: 3/16/2011
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
If you parents each had an equal, one half interest in the mobile home, then if there is any interest to be claimed by the new wife, it likely will only be on your father's half interest of the mobile home. If he owned it before he married the new wife, then it would be considered separate property, which the new wife would not be entitled to, but if he was making payments on it after he got remarried, or used money from his new marriage to pay down any debt on the mobile home, then the new wife may be able to claim some interest in the mobile home. It's not necessarily an easy question, and if there is a dispute over it, then you may want to consult an attorney.
Answer Applies to: California
Replied: 3/16/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    It depends on the terms of the Divorce Settlement/Judgment.
    Answer Applies to: California
    Replied: 3/16/2011
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