Under what conditions can a CA Judge Order a person's name off property title by signature of court clerk?

Asked over 4 years ago - Santa Barbara, CA

Divorce - Court Ordered use of a certain realtor and his marketing strategy to sell community home. Wife refused a purchase offer after consultation with experts. Husband had Judge remove wife's name from Title. No findings for or aainst best interest of community. Wife is of sound mind and body. Wife filed Appeal and Liz Pendens. House sold against wife's agreement. New "buyer" filed Unlawful Detainer. Wife stumped!

Attorney answers (2)

  1. Mark Brian Baer

    Contributor Level 14

    Answered . I hate to be rude, but do you somehow believe that the answer will change the more times you ask the same question? People are incredible. Even if you tell them the right answer, they ask person after person the same question until someone gives them the answer they want to hear -- no matter how wrong the answer. After all, it was the answer they wanted to hear.

    Regardless of the fact that wife made a decision to violate a court order based upon a consultation with experts (I assume the experts did not advise her to violate a court order), she violated a court order (CONTEMPT OF COURT). I think that under the circumstances, the Judge's decision was appropriate. Wife is lucky that the court did not also fine her and place her in jail for such behavior.

    I certainly do not agree with every judicial decision. However, you should have filed a Motion for Reconsideration (if circumstances permitted) or an appeal of that ruling (if appropriate). Instead, you violated a court order.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Cristin Michelle Lowe

    Contributor Level 13

    Answered . A Judge can have the clerk of the court sign on behalf of a party who is not cooperating with Court Orders, which sounds like what happened in this situation. Judges are in the business of finalizing divorces, and they typically don't take kindly to people who continuously delay the resolution of their case. It's not a matter of requiring findings that a person violated orders to the detriment of the community. It only matters that a person violated court orders.

    I'm very sorry that you're in this predicament, but perhaps the best advice I can give you is to follow future Court Orders and vacate the house as soon as possible. I understand that you did not agree with the Judge's orders, but disobeying them is not in your best interests. Hiring your own attorney will help you understand future Court Orders and help you through the rest of this process.

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