You can't do this unilaterally. You will need to convince a court that selling the house is the only way to divide the CP value of the house up properly and that neither party can afford to buy out the other's CP value in the house.
No, you can't sell. You might be able to have the attorney take a lien for fees.
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No. You may not unilaterally sell home during pendency of dissolution.
Yes. You must reach agreement with spouse or petition court for order to sell home during pendency of dissolution.
On the back of every Petition for marriage dissolution there is a list of Standard Restraining Orders. One of those Restraining Orders is that neither party can sell, or, encumber community property without prior order of the court. So, your wife will have an opportunity to object if she wishes to. The Court will require the exchange of Preliminary Declaration of Disclosures. However, if both parties agree, the home can be sold and the proceeds divided prior to the divorce being final. While it is possible to sell a home prior to a dissolution being final, many times other financial issues are tied to the proceeds of a family residence.
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