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Is California Civil Code Section 1946.1 (30/60-Day Notice to Vacate) applicable in property buyout of marriage dissolution?

Huntington Beach, CA |

California Civil Code Section 1946.1: 60-day Notice to Vacate for tenancy of one year or more based on California Civil Code Section 1946.1(b), or 30-day Notice to Vacate based on California Civil Code Section 1946.1(d) - can a party who buys out the marriage residence (who has been moving out for 4 years) to demand the other party (who has been living in the residence for14 years) to vacate on the day the equalization payment is paid, without any advance notice on what date the equalization payment will be made? What error of law did the Court commit in ordering the party who receives the equalization payment vacates her residence of 14 years (joint-tenancy during marriage) ON THE DAY EQUALIZATION PAYMENT IS MADE, while it is uncertain which day the equalization payment can be made?

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Attorney answers 2


This is really a family law question. I'm a family law lawyer and the way you've posed this question, it's unintelligible. A family law lawyer would have to review the marital judgment or marital settlement agreement to give you a comprehensive answer.

My suggestion: if you have a lawyer, call your lawyer. Or, post this on Avvo in the family law section.

Best of luck to you.


post this in the family law/divorce sections. Good luck.