Legal Question in Family Law in California

Force sell of house

The house loans are in my name only and she is on deed. She stays in the house now, w/o a court order and I paid spousal/child support, she has no income, beside alimony. Can I force the sell of house w/o her consent?, she has let the house go into default 3 times and my credit is dead now. Also, she asking to file tax return using the mortgage deductions because she paying notes, 3 payments last yr and all this yr. I was told by IRS, if she not legally liable for loans, she can't deduct on taxes. I used mortgage interest (made 8 payments) & kids last yr because we lived together 6 mn and were legally sep. 6 mn. I did not deduct alimony from my taxes, so she could not claim that as income. what can be done to force sell? Thanks


Asked on 10/06/06, 4:52 pm

2 Answers from Attorneys
Law Office Law Office Law Office

Re: Force sell of house

Yes you certainly can force the sell of your house. You would first have to get a court order. I would advise you to hire a lawyer because a lot can be at stake if you do this on your own. Contact our law office today. 760.243.5121. We can help.

Thanks and God Bless.

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Answered on 10/07/06, 7:45 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Force sell of house

You can force the sale of the home but more information is needed to tell you what the procedure would be or how long it will take to obtain the order. You have enough at stake that you should retain an attorney. At least get a consultation. Good Luck, Pat McCrary

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Answered on 10/06/06, 5:09 pm


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