Cavalier, ND asked in Family Law and Foreclosure for California

Q: How can I get rid of my house in California if my ex won't cooperate? Its in both our names and she moved out. Help!

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: If your ex does not want to cooperate, there will be a long and VERY EXPENSIVE court proceeding called a Partition, where the Court can order the house to be sold, and proceeds divided. You need to contact her and explain that any cost for this is going to come out of the sale proceeds and is going to cost her a lot of money- think 10s of 1000s of dollars. If she would rather put that money in her pocket instead of an attorney's pocket, she needs to put aside her upset over the end of the relationship and treat this like a business transaction, where she had the opportunity to maximize her profit. At this point, that is really all that this is. Suggest you exhaust all attempts to reason with her- contact her relatives to try to get some sense into her. You might contact a local attorney to draw up some documents regarding the division of proceeds on sale, you need a real property attorney for that, so she has some security that she will get her money.

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