How to obtain a court-ordered sale of property in family law cases?

Hey guys, so here’s the deal. My boyfriend and I bought a house together. But now, for various reasons, I’m ready to move on from the relationship. Problem is, he’s not on the same page and won’t agree to sell the house we co-own in California. How do I go about getting a court order for this? And what type of attorney should I reach out to for help? It’s not exactly an amicable breakup, and I can’t afford both rent and a mortgage, so the sooner I can sort this out, the better.

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That’s exactly why I’ve been hesitant about mixing finances with anyone! It can get messy real quick.

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What you’re looking at here is something called a partition lawsuit. Basically, the court will probably give either of you the option to buy out the other’s share. But if neither of you takes that offer, the court will step in and order the house to be sold, with the money split between you both.

To obtain a court-ordered sale of property in family law cases, you typically need to follow these steps:

  1. Petition the Court: File a motion or petition with the court requesting a sale of the property.
  2. Justify the Sale: Provide reasons why the property should be sold, such as financial necessity or inability to agree on ownership.
  3. Court Hearing: Attend a court hearing where both parties can present their cases.
  4. Court Order: If the court agrees, it will issue an order for the sale of the property.
  5. Sale Process: The property will then be sold, and proceeds may be distributed according to court orders or agreements.

It’s a legal process that involves court proceedings and often requires legal representation.