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You may have trouble selling your home in a divorce

Couples in California going through a divorce may struggle with issues of property division. One particular area of controversy comes when one party wants to sell the marital home. There is a question of whether the other spouse can prevent them from selling the home in the middle of a divorce.

One spouse may have their reasons for seeking to stop the sale. This can range from legitimate concerns such as not wanting to move the children to emotions such as sheer spite. Regardless, the person can make life difficult for the other spouse. To the extent that they are able, both spouses should try to get on the same page and come to a mutually beneficial or agreeable conclusion.

If measures to resolve the dispute through compromise fail, there may be options available through the legal process to compel the spouse to agree to going along with the sale. For example, the court can hold them financially responsible for any losses that the other spouse suffers because of the refusal to allow the sale to proceed. Nonetheless, cooperation through a listing agreement will be the best way forward to reduce the level of acrimony. The parties are almost always better off when they work together on these issues.

A family law attorney may be able to advise as to the best way to resolve an impasse if one spouse is preventing the sale of the home. The attorney might suggest certain arrangements that can allay the concerns and address the situations of both parties. If no compromise can be reached, the attorney may represent their client's position in front of a judge in either a motion to compel the sale or a property division that holds the recalcitrant spouse responsible for any financial harm that they have caused.

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The Law Offices of Oliver R. Gutierrez
600 Allerton St., Suite 200
Redwood City, CA 94063

Phone: 650-399-0962
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