Legal Question in Family Law in California
Sale of mutual property
A divorce has happened and arbitration has determined that the husband owes the wife $65,000 or %50 of the gain value of the house. The husband does not qualify for a loan for the full amount of $65,000 and the husbands lawyer tries to force the wife to sign a quit claim deed in order for the husband to get a loan for $40,000 with the ''promise'' that a further loan for $25,000 will follow. The wife has refused to sign the quit claim deed for less than the receipt of $65,000 and now the the husbands lawyer wants to sue the wife for extended legal fees for the extension of the process.
Can the wife file an unlawfull detainer against the husband to remove him from the property in order to facilitate ''forclosure'' on the house for the sale of the house or payment of the full amount of $65,000 ? How can I as a private individual address the court to have the court move on it's original order for the sale of the house without further negotiation?
This has been a two year process for a relatively small amount of money. The wife has had to fire one lawyer and her second lawyer just fired her without telling her why.
1 Answer from Attorneys
Re: Sale of mutual property
You need to get your attorney involved or retain one. If he can get you forty thousand and will give you a deed of trust for the balance, that may be an idea that could work.
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