Legal Question in Family Law in California
Can I file an ex parte OSC to force a home sale?
I am the Respondent, in Pro Per, in a San Mateo County, CA, divorce case. Most of my assets from 20 years of marriage are tied up in home equity. Would filing an ex parte OSC motion seeking an order to force the sale be appropriate?
Recently, my spouse hired an attorney to represent her and ''help Us'' move the case along. The house has lost $55k since it was appraised 1 year ago.
I believe the Lawyer is seeking to further exploit the situation by stalling the process. Meanwhile, the rapidly falling housing market continues to erode my equity share until soon there will be nothing left.
1 Answer from Attorneys
Re: Can I file an ex parte OSC to force a home sale?
The attorney works for your wife. So if he's delaying anything it's because it benefits her or because she refuses to sell the house. My guess is that she won't cooperate, otherwise she would have already signed the listing agreement. Remember your wife's attorney works for her. If you want an attorney to work for you, hire one. In this case it's probably not a bad idea.
You can try seeking ex parte relief. Some judges might entertain it, others will blast you for bringing it for want of urgency. It might be better for file a motion or osc instead.
Good luck.
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