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How quickly can I be forced to put the marital home up for sale and move out of it?

Dana Point, CA |

Our marital house is going to be sold and the money from the sale divided between us (after costs, of course). I live in the home now with our grown children. How long can I ask to remain in the house before it is sold and we have to move out? I would need time to find a place to live that would be suitable and meet my standards, and then there is the issue of packing up everything and making the house look presentable for a sale. Is one year from the time of the final divorce decree a reasonable time frame?

Attorney Answers 3


  1. If you put your house for sale you can make arrangements with the real estate agent as per times to show the house IN YOUR CONVENIENCE.
    The same time you make known to prospective buyers when you will be able (if the conclude the process and buy the house) to move. Some times buyers rent the house they buy because they wish to make an investment by buying a property

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  2. You and your ex can make any agreement you want as to a time table. However, if he doesn't agree, he could go to court to ask for an order to sell the house now. It would be up to the judge. My experience has been that the court will order the house to be sold now rather than waiting a year or so, given that your children are adults.

    I can be reached at 714-442-1522 if you have further questions. Before accepting any answer as a final answer, you should have your case reviewed by an attorney. No attorney on Avvo has read your paperwork and therefore cannot give a completely valid answer suited to your case.


  3. If there is no move out order, then you can stay there for as long as it is owned by the current owners and until the new owner gives you proper notice to move out. One year might or might not be reasonable. Please seek legal assistance.

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