Legal Question in Family Law in California

Re: The sale of my house

You can still sell the house. If he changes the locks, you can break in, hire a locksmith to open the doors and change the locks again, ask your husband to give you a key, get a court order asking the court to order your husband to give you a key, or call the sheriff out to the house when your husband is there and ask the sheriff to tell your husband to give you a key. You could have the court appoint a referee or receiver to take possession of and sell the house, but this would almost assuredly cause the house to be sold way below market value. You could also move into the house and stay there until it is sold. Once the house is sold, you can get a court order requiring your husband to move out, and a writ of possession allowing the sheriff to lock your husband out if he does not voluntarily leave. If your husband in any way interferes with the sale or showing of the house, you can get a court order restraining him from doing so. If he continues, you can have him fined or put in jail. Once you hire a listing agent, should your husband refuse to turn over the keys to the locks on the house to the agent, you could bring a contempt of court action against your husband. You probably cannot get a court order requiring your husband to move out now unless you are able to show he is continuing to cause irreparable damage to be made to the property or its value.

Re: The sale of my house

I disagree with the attorney who told you that you can break into the house and change the locks. Before you take any drastic actions have your case and your court order reviewed by a family law attorney who can give you advice. No one can give you good advice without reviewing the order and having knowledge of the circumstances. You have many possible remedies. Judges don't like what they consider "self-help" remedies. Good Luck, Pat McCrary