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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17524
Experience:  B.A.; M.B.A.; J.D.
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My ex wife is not cooperating in the court orders to sell

Customer Question

my ex wife is not cooperating in the court orders to sell the house. She is not agreeing to a for sale sign, no open houses and no lock boxes...Accessibility in selling any home is crucial along with a for sale sign.She is thwarting the progress of the sale...what are my options?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
my ex wife is not cooperating in the court orders to sell the house. She is not agreeing to a for sale sign, no open houses and no lock boxes...Accessibility in selling any home is crucial along with a for sale sign.She is thwarting the progress of the sale...what are my options?
Optional Information:
Country relating to Question: United States
State (if USA): California
What have you tried so far?: Since there was a requested restraining order and absolutely no communication. I have done all my request through a realtor. The court orders us to have a listing agreement within 14 days, and listed on the MLS within 45 days...she is taking 46 days and the house is full of clutter and she is refusing to do the normal actions in getting a house sold. What recourse do I have ?

Response: You need to file contempt action against her for refusing to comply with the Court Order--for refusing to cooperate in selling of the house. You can obtain contempt forms at the Courthouse or on the Courts website:
http://www.courts.ca.gov/forms.htm?filter=EN
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=CA+Courts+and+contempt+forms
Customer: replied 1 year ago.
she is arguing that for her "safety" she does not want a FOR SALE sign, making reference to a minor incident that took place 20 years ago.She is also stalling the process by taking the full 45 days,adding another day,making it 46 days before the house is listed. She is telling the realtor that she is too emotionally and physically unable to clear her clutter and prepare the property for "showings". I have written confirmation from the realtor, about all of this. This divorce has cost already cost me $11k...I do not have money to keep going to court.!!!!
Expert:  Phillips Esq. replied 1 year ago.
she is arguing that for her "safety" she does not want a FOR SALE sign, making reference to a minor incident that took place 20 years ago.She is also stalling the process by taking the full 45 days,adding another day,making it 46 days before the house is listed. She is telling the realtor that she is too emotionally and physically unable to clear her clutter and prepare the property for "showings". I have written confirmation from the realtor, about all of this. This divorce has cost already cost me $11k...I do not have money to keep going to court.!!!!
Response: I am sorry to read about your difficulties. Unfortunately, if she is not cooperating, your only option is to go back to Court to force her to cooperate. There is no way around that, regrettably.

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