Legal Question in Real Estate Law in California

I don't do Family Law on a regular basis, but based on limited knowledge, it looks as though both of you (you and your ex) omitted an important asset on both your initial and final disclosure documents. This is perjury under Family Code section 2104(a) but maybe there was a valid reason for the omission, and/or maybe it had no adverse consequences on the financial aspects of your settlement. In any case, whether this failure to disclose has any on-going consequences is a question that should be addressed to the lawyer(s) who handled the dissolution of marriage proceedings. There is a relatively short period of time in which the Family Law court retains jurisdiction to correct errors. See Family Code sections 2120 - 2129 generally.

If the matter is outside the jurisdiction of the Family Law court due to the passage of time, I would say the correct actions would be (1) to have a Family Law expert confirm that the matter is beyond Family Law jurisdiction, then (2) have a Real Estate attorney draw up the correct document(s) to accomplish whichever goal the two of you can agree upon. Please note that the documentation and processes for a buy-out of one ex-spouse by the other, on the one hand, and sale of a 100% interest to a third party, on the other, are quite different. In part, this is because finding the third-party buyer would ordinarily involve selecting a broker and executing a listing agreement, cooperation as to setting a price, etc.

IF the parties can't reach agreement, and if the divorce action is over and closed without an order regarding the house, you can file a civil case called Partition seeking court ordered sale. If serious about doing so or getting help settling this, feel free to contact me.