Legal Question in Family Law in California
I am divorced in california since Jue 2009 and in March 2010 my ex was ordered in a motion to list and sell the primary home to buy me out. He has not intentions of moving and is not cooporating, can I file a motion to request the judge to give me sole control of selling it so I wouldnt need his signiture?
2 Answers from Attorneys
Didn't you discuss this with your attorney? There is no such thing as you getting "control" and selling the property, unless you are the only one on title. That is not going to occur until he buys you out. When a party refuses to comply with an order of a family court, the aggrieved party files an affidavit of contempt. It usually gets results fast.
Mr. Roach is not entirely correct, because the court can order the property sold by judicial sale, but you would not want that, as it would fetch WAY less than a private sale. He is correct, however, that an OSC re: contempt usually kick-starts things pretty well.
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