Legal Question in Family Law in California
My wife and I are divorcing. Our house is underwater. I want to do a short sale or quit claim to avoid foreclosure. Her attorney is saying she will file for judicial intervention, which will be expensive if a decision is not made soon. Can a judge force me to do something with this intervention?
1 Answer from Attorneys
Absolutely. The court has the inherent power to try and protect and preserve any community assets the parties may have. Since California is now enjoying a real estate boom, you must be in some depressed area that hasn't recovered from the surge in housing prices in California. You should consult with an appraiser or real estate agent to be absolutely certain your house is not a beneficiary from the change in the real estate market in California. Please meet with an experienced family law attorney to explore your options.