Legal Question in Family Law in California
husband never sold house and split proceeds as ordered
My exhusband was ordered by a judge to sell our vacation home in Lassen county and split the proceeds with me, 5 and a half years ago and has never done so. The house is located 3 miles from a 5 star ski resort that is currently in phase 1 of consruction. Our homes value has increased substantially. the house is now in foreclosure and he will not pull it out. If i pay to pull it out will he still be entitled to receive half the proceeds of my selling it or can I get his name off the title by him allowing it to go into foreclosure. Both names are on title. Isn't he forfeiting? ruining my credit, and in contempt by not selling it when the judge ordered him to do so. Do I need a lawyer to go back to court on this issue and If I do pay to get it out of foreclosure is it illegal for me to sell it when he was the one ordered control of the property and ordered to sell it. Could he owe interest to me on those years of not complying with the judges ruling. He has vowed to lose the property to make sure I get nothing at all even though he stands to lose himself. He was awarded the family home exclusively that has a great deal of equity. He was awarded everything else we owned. He had a jewel of a lawyer and I, well um i guess i did not.
2 Answers from Attorneys
Reply: husband never sold house and split proceeds as ordered
In order to give you competent legal advice, one would have to first review the underlying court order(s).
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 by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: husband never sold house and split proceeds as ordered
You should take immediate action to remove the house from foreclosure process. You will then have time to go back to court and obtain an order to sell the house and list it for sale within 5 days. Depending upon the terms of the court order you may be able to get a court order to reimburse you for the cost of getting out the property out of foreclosure and the legal fees required to get the house sold.
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