Can court force sale of a condo jointly owned by a divorced couple

[ianaam51]

Jurisdiction

California

We were not able to agree on the split of assets at the time of divorce (10+ years ago). The condo is the last remaining material asset. It has been rented out by mutual agreement and costs/profits split 50/50. If my ex asks, can the court force us to sell? If so, can the court award most/all of the net proceeds to my ex?

 

[army judge]

If my ex asks, can the court force us to sell?

YES.

Heck, you can request the court to partition the property, too.

It isn't smart to do that, because the court and the appointed HENCHMAN or HENCHWOMAN would receive a share of the profits for overseeing the sale.

Bottom line, its time to agree on selling the property and splitting the assets 50/50.

If so, can the court award most/all of the net proceeds to my ex?

The court could, if the male is stupid.

What the court usually does, assuming there is no previous agreement to the contrary, is split the proceeds 50/50, taking about 10-20% as its cut of the deal.

The government always gets paid, before you get paid.

Think of the IRS and the various state taxing agencies.

Hence, time to negotiate a deal, rather than get what's left after the court takes a hefty cut.

 

[adjusterjack]

If my ex asks, can the court force us to sell?

Yes.

Google "partition action."

can the court award most/all of the net proceeds to my ex?

The word "can" denotes the ability to do something, not whether it "will" be done or whether it's done rightly or wrongly.

So, yes, the court "can" do that if the court believes that it is appropriate. Though, in the absence of good reason, it's likely to be a 50/50 split after costs, commissions, etc.

 

[zddoodah]

We were not able to agree on the split of assets at the time of divorce (10+ years ago).

So...what did your divorce judgment say about this issue? Did the court reserve jurisdiction over the issue or just say that it was leaving it to the parties to divide assets?

If my ex asks, can the court force us to sell?

Yes, the court has that ability, but I think that's really a no-brainer. Of course a California court has the ability to order two parties over whom the court has jurisdiction to sell a jointly-owned asset. You couldn't reasonably think otherwise.

If so, can the court award most/all of the net proceeds to my ex?

That is also within the court's ability.

If you're asking for a prediction of the outcome if this matter went to court, you'll need to have a local attorney review the situation and advise you.

What the court usually does, assuming there is no previous agreement to the contrary, is split the proceeds 50/50, taking about 10-20% as its cut of the deal.

Huh? There is no statutory or case authority in California for the court to take anything "as its cut of the deal."