Legal Question in Family Law in California
property settlement
When two people are trying to reach financial settlement in a marriage dissolution and it comes time to time to sell the community residence, what happens if the parties do not agree on the listing of the house? One party is still living in the house and the other party needs the house to be sold in order to get their portion of the equity in the community residence in order to move on and purchase another home, but the party that is still living in the house refuses to cooperate with the sell of the house? How do you move forward? Also, if one party has unrealistic expectations of the ability to be able to buy the other one out?
4 Answers from Attorneys
Re: property settlement
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
You have the court (clerk) issue an Order to Show Cause re Sale of the Family Residence. Upon hearing the court will decide all the issues you have raised in your question.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: property settlement
You get a court order that 1. the property be listed and sold, 2. the listing be on the MLS, 3. a lock box and for sale sign be installed, 4. that the other side cooperate with the listing, sale and escrow and 4. that an elisor be appointed if he/she refuses to cooperate.
If there is further obstruction after that, you seek an order that he/she be removed from the residence.
Re: property settlement
The court will have jurisdiction to order the terms of sale of the house as well as the broker to sell the house. Sometimes that can take a while and more than one court appearance if the party living in the house is reluctant. You should have your current order reviewed by an attorney in order to tell you what your next step should be. Good Luck, Pat McCrary
Re: property settlement
The way to resolve all issues is via a trial. The Court will schedule a trial date if you don't. Call me directly at (619) 222-3504.
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