Legal Question in Family Law in California

What to file to ask court to order sale of house

Divorce not final, filed over a year ago. Judge allowed her to remain in house if she paid mtg and home equity line. I've had to pay home equity line 3 times now to save it going to collections, she has bounced checks to pay mtg and it's been behind several times. These have all damaged my credit, as well as her not paying the other debts she is responsible for. Afraid liens will start on house. She lied to judge about her income; lied on Prod Docs about bank accts- can prove both to judge now. She has drained home equity line, against orders, to pay her attys (on her 5th in a yr). Do I have enough proof for court to order sale of house? She won't agree because it's cheap for her to live there. I know I have to file a motion (form FL301??), but not sure how to word, what boxes to check (what is required). I am in Pro Per, can an atty can take over using equity lien on home possibly? Former atty suggested and was pushing me to, but didn't quite trust him, he wasn't very knowledgeable I felt. Thanks for your much needed help.


Asked on 2/20/06, 2:51 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: What to file to ask court to order sale of house

That would appear to be the case. Her failure to keep the mortgage paid. This conduct places the major asset at risk. Further using the line of credit without court approval is a violation of a court order. Some attorneys will take a case with their fee secured by the equity in the real property. You will need to obtain some information regarding the amount of all the present liens on the property and the value of the property. Then contact attorneys until you find one that will take your case with the fee secured by the real property.

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Answered on 2/23/06, 8:58 pm


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