Legal Question in Family Law in California
House
I am in the final stages of a divorce. My wife and i both signed a Marrage Property Settlement Agreement that stated when we sell the house we will split the proceeds 50/50. Since that agreement my wife decided she wanted to stay in the house with her new boyfriend and does not want to sell the house. I'm stuck b/c i need the proceeds in order ot buy a new place (I'm currently renting). We bought the house together 2 years ago and both our names are on the mortgage. Am I able to force a sale of the house? I already had an appraisal done but she laughed at it and won't get one done on her side b/c she has no interest in selling the house.
Thank you,
Derek
3 Answers from Attorneys
Re: House
If your judgment says that the house will be sold and the proceeds divided, then you can force sale of the home. You should file a motion to have the home listed and sold at your appraisal amount. There are many pitfalls in handling such a motion and it can be delayed for a long time. Consult an attorney that practices in the court in which your judgment is filed. He can tell you how best to proceed. Good Luck, Pat McCrary
Reply: House
In a general sense, your remedies will be goverened by the Judgment.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: House
You should immediately retain the services of a competent family law attorney and the house will be ordered sold.
Regards, Damian nolan
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