Legal Question in Real Estate Law in California

Re: sale of property

First I would suggest you ask your lawyer. But more likely than not sound like he didn't have a lawyer and that's why you got screw in your own mind. With you did or not cannot be understood from the question you ask. Basically, than 90 days starts from the date of the judgment being final and that is a technical point. Minimally that's 90 days in the date of the judgment being filed in the court. But she has a right to appeal that judgment to you must extend that period of time for 60 days, just to be safe. At that point though it doesn't mean you can just sell the property. Because it she doesn't sign the documents it can't be sold without a court order. Go see a real attorney who does real estate work so that he/she can properly advise you about what you do after that period expires in.court to protect your asset.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: sale of property

Sounds as though you filed a partition suit and the judge has issued an interlocutory decree of partition. If that case, the 90 days starts to run the day the decree (or judgment) was filed, which can be the same day it was handed down in court, but often isn't because someone, usually the prevailing party's attorney, is expected to write it up for the judge's signature.

Almost certainly you don't have the right to conduct the sale; that would be the case only if the decree gave you that power and that's very unlikely since you are only a 20% owner.

Usually the court appoints a referee to conduct a sale in a partition case, someone like a real estate broker acceptable to the parties. The court is more likely to listen to the 80% owner's opinions on how a partitioned property should be marketed.

You need a real estate lawyer to decipher what's happened and to assist you in the next steps. If you do or did have a lawyer, it could be that person doesn't have the specialized knowledge necessary to handle this case and/or is unwilling to do some basic research for you.