Legal Question in Family Law in California

Not Paying Mortgage

My stbx is not paying the mortgage on the community home which he occupies. He cannot buy me out or refinance and refuses to place property for sale. I am on total disability and would like to see the home sold before it is lost. I provided the down payment with separate funds ( I have proof) and would like to be able to recoup some of my money since I am no longer able to work. Is there some relief I can get from the court which will force the sale of the home before it is lost. We do not go to court until

Jan. 2003. Is there a form I can file, if so which one is it?

Thank you


Asked on 11/26/02, 1:51 pm

3 Answers from Attorneys

Edward Lindley Edward Lindley, Attorney at Law

Re: Not Paying Mortgage

What is a "stbx"?

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Answered on 12/08/02, 10:39 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Not Paying Mortgage

You can file an ex-parte application if this is truly "an emergency situation" or wait for your trial in January.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 11/26/02, 1:59 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Not Paying Mortgage

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

You can bring an Order to Show Cause Re Sale of the Community Residence to order its sale and to determine when and how the proceeds are to be divided. With an asset as large as a home, you probably should contact an experienced Family Law attorney for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 11/26/02, 2:05 pm


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