Legal Question in Family Law in California
My ex husband and I own the family home in which he still resides. I found out yesterday he has not paid on the second mortgage in a year and they filed a Notice of Default in Nov. 2012 (he was served, I was not). The bank is willing to stall a Notice of Trustee's Sale provided the house is listed for sale. My ex will not sign a listing agreement nor will he pay the mortgage. What forms do I need to file (in California, specifically Sacramento County) to get an order requiring the sale of the home and the proceeds placed in a trust until our financials are resolved?
1 Answer from Attorneys
Without reviewing the terms of your divorce judgment and settlement agreement if any, it is impossible to answer your question. Your rights and options depend on the terms of that/those document(s).