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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9080
Experience:  Since 1983
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I am Respondent, in the recently

Customer Question

This is Elizabeth XXXXXX, (XXXXXXXX, XXXXX) I am Respondent, in the recently filed California divorce case. I just listed myself (unilaterally) jointly owned house as for sale by owner on the MLS with my husband, Henry XXXXXX, the Petitioner, shown on the MLS listing as the house co-owner. I also notified Petitioner's lawyer that I do not intent to sign any house sale contract without presenting it to the Petitioner for approval and agreement. I can cancel my listing any time without charges by the listing broker.
The Respondent's lawyer states that I violate California's ATROS just by the unilateral MLS listing. Is the Petitioner's Lawyer right? I looked into ATROS and they forbid only property title transfer without concurrence of both parties, noting about MLS property listing there. Who is right??? We are scheduled for the first Settlement Officer Conference
on June 9th.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question.
You are correct.
The relevant ATROs are stated in Family Code § 2040, which is posted at
http://leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=02001-03000&file=2040-2041
2040(a)(2):
" (2) Restraining both parties from transferring, encumbering,
hypothecating, concealing, or in any way disposing of any property,
real or personal, whether community, quasi-community, or separate,
without the written consent of the other party or an order of the
court, except in the usual course of business or for the necessities
of life, and requiring each party to notify the other party of any
proposed extraordinary expenditures at least five business days
before incurring those expenditures and to account to the court for
all extraordinary expenditures made after service of the summons on
that party."
You have not violated § 2040 by merely listing the property unless you made an unconditional offer to sell it at a specific price without disclosing that any sale will require the consent of your spouse.
Please let me know if I have not answered your question prior to rating my answer.
I hope this information is helpful.

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