Legal Question in Family Law in California
Can she sell it???
I am in the middle of a divorce. I was served in early Dec. 2004, I responded within the alloted 30 days, early Jan. 2005. In the papers I recieved that she filled, it stated real proporty could not be sold during this proceeding. She has the house up for sale...is this elegal???
Her filing stated she would get everything, mine stated I would get a fair share of the equity.
1 Answer from Attorneys
Re: Can she sell it???
There is a restraining order that prohibits the sale or disposal etc of any property without the consent of the other party or a court order. The exception is when such conduct is required to provided the necessities of life or an attorney. Her statement in her petition regarding the distribution of the proceeds from the real property is not controling. Why is she selling the house. It is not uncommon for the additional costs involved in a divorce to require the sale of the family home.
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