Legal Question in Real Estate Law in California

Re: real estate issues in divorce

That's not how the courts divide property. Get represented to assure protection of your rights. Contact me directly.

Re: real estate issues in divorce

Yes. This is what you have to do (assuming you still have some time left before foreclosure). Retain a local attorney to file an Order to Show Cause with the court. The order you seek will authorize the clerk of the court to sign the listing/escrow/deed in his place. The court will also order that the attorney fees you paid be reimbursed from the proceeds of sale (which will be divided afterward). I'm available to help out, or just to talk if you like.

Re: real estate issues in divorce

Yes, the courts will either force your ex or an officer of the court will be permitted to sign on his behalf involuntarily, under certain hardship circumstances like you are facing. If you would like prompt, affordable legal assistance here, as well as real estate assistance, email us when you receive this.

Re: real estate issues in divorce

The apparent difference in the advice you've received so far may be due to different assumptions by the answering attorneys as to the current status of your divorce. Although divorce is mentioned in the caption to your question, at no point do you say whether a dissolution of marriage case has been filed, is pending, or if a final decree with property-settlement provisions has been signed by a judge.

You also don't say whether the house is held as community property or in some other way.

In general, a married person cannot sell or finance community property without the written concurrence of the other spouse. Technically, one spouse can sign a listing agreement; however, closing a sale would require the signature of the other spouse, so listing is not recommended because you could end up being liable for a commission to your broker and at the same time be unable to close escrow.

If you have a case pending, and the court has jurisdiction over both spouses and the community and perhaps jointly-held non-community property, the judge can instruct the court clerk to sign documents necessary to carry out its orders.

Whether the judge would see fit to make such orders or give such instructions depends upon where the case stands procedurally and whether your request for an order is properly made, filed and served and shows the judge that the proposed actions are reasonably necessary.

This answer is provided by a real estate lawyer under the real estate topic heading.....the question should be re-asked under a LawGuru family law or divorce law heading, and facts added to show the procedural stance of the case, if any; in particular, a lawyer would need to know if a property settlement, voluntary or court-ordered, is in place, and what it says about the house.