QUESTION
Can I ask the court to compel the sale of the family house and divide the proceeds 50-50, before other financial issues are settled?
Asked on Aug 02nd, 2013 on Divorce - California
More details to this question:
In settling property issues in a California divorce case, can I ask the court to compel the sale of the family house and divide the proceeds 50-50, before other financial issues are settled? If so, what forms, and process do I need to use? I was never supportive of the $40,000 private school tuition my ex-wife made me pay for the child. What is the process by which I can get out of paying for that, when public schools with high Academic performance index scores are available close by for the child to go to?
3 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to talk to an attorney. Property division especially the house is a trial issue. You can't force the sale unless house is in danger of foreclosure. Child education. You don't need to pay for private school unless there's a court order. If there's an order file to modify it.
Answered on Aug 05th, 2013 at 10:09 PM
Both of these issues can be handled by filing motions in the court where the case is pending.
Answered on Aug 05th, 2013 at 9:07 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need a lawyer to help you. You will have to modify support, if it included the private school. You will need to force the case to trial to divide the property unless there is a pending foreclosure or other immediate issue which will cause the loss of property.
Answered on Aug 05th, 2013 at 9:07 PM