Legal Question in Family Law in California

My soon to be ex husband is living in our home that we have been trying to sell.There has been a lot of interest in our home, but according to our real estate agent, there have been no offers-now I have uncovered the very real possibililty that my soon to be ex has been in collusion with my real estate agent this whole time, she's since been fired, but do I have any legal recourse with the divorce of my husband or the real estate agent, as the equity in our home has decreased substantially during this time?


Asked on 2/22/11, 4:13 pm

1 Answer from Attorneys
Hong Shen

Your husband owes you a fiduciary duty in terms of property management. If you have proof that he has been hindering the house sale, then you may petition the court to set the house price to a would-be price before its declining and divide the would-be proceeds 50-50, and your husband is liable for the difference.

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Answered on 2/22/11, 11:48 pm


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