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Don't worry about the sign your huband put up because he cannot sell the house without your signature on the agreement of sale and the deed. However, please keep in mind that if you are in the process of divorce and you cannot agree on a division of the property, and you are not able to buy his interest in the house, there's a good chance that the Judge will order a sale of the marital residence and a division of the proceeds.
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Thank you and Good Luck!
ANDREA, JD, LL.M.
Member, NY & PA Bar
DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel
It was fine to send him the email.
With respect to the sign, I understand completely were you are coming from and what you are feeling and I know that it shows a lot o insensitivity on his pat regarding your 7 year old; however, I am not aware of any law which would prohibit a homeowner from putting up a "For Sale By Owner" sign in front of his house.
I would have suggested getting an injunction against him, but I do not think the Judge would grant it because he knos that your husband canot sll the house wthout your signature and he is not doing anythig illegal.
I realize I am not giving you the answr you are looking for, but I have an obligation to give you correct and accurate answers.
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I appreciate that. I will add extra to this question.
I just received a letter today re: the selling of the home from his attorney. The attorney states "Accordingly, the house will be listed for sale by owner, until you are able to agree to an agent. Then telling me to familiarize myself with Hokanson(1998)68 Cal.App.4th 987.If the community suffers any losses as a result of your failure to cooperate, my client will seek all remedies available to him, including remedies available to him under Hokanson, as well as attorney fees and costs. Almost every week I receive threats, altermatums. I was working on finding an agent and just recently have been in a car accident. Alot of stuff has been going on. His attorney threatening me for car payments that I cannot afford with my temporary child support & alimony. His attorney seems very agressive and stressing me out. Should I be worried about their threats? I said in my email to just let the judge decide on someone to sell the home since he could not wait for my response. what should I do?
I would not be afraid because I would tell him off by saying, " Making threats is so unprofessional and so un-lawyerlike".
Then I would take the offense and file a Petition for Interim Counsel fees and pay my lawyer off with my husband's money; then I would file a complaint with the California Supreme Court Disciplinary Board against the attorney citing his threats and intimidation tactics.
So, in short, if you are not represented, I suggest you get a good lawyer who is not afraid to speak up for the client. I am not suggesting you get a lawyer because you should fear your husband's lawyer; but when you are personally involved in a case, one becomes to emotional to think rationally. I have never gone to court on a personal matter without an attorney to speak for me.
See if you can find out if your husband got an increase in salary; if he has, file a "Petition to Modify Child Support" and APL (Alimony Pendente Lite - Temporary Alimony) citing your automobile accident and inability to work during your recuperation and having to take care of a 7 year old also.
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ANDREA, JD, LL.M., Taxation
Attorney
25 yrs exp successfully representing clients in my real estate, family law and criminal defense