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I have applied for Divorce, I haven't mentioned about our community property in the order. Now I am planning to apply for FL-300

Fremont, CA |

Now I am going through second step in Divorce process. Judge gave orders or Custody, Child Support and Spousal Support. Right now my property is going for fore-closer in 15 days. now I am planning to apply for Court Order Form FL-300. As I did not mention about the property in my divorce form, what would be the process if apply now, will there be any kind of awarding the property on my name so that I can do short sale, right now I couldn't find the Respondent, because of that my divorce is going for Default. In this situation what is the best suggestion.
Anyways I am going to submit in my next step for Divorce process: property declaration and Income and Expense details and other forms.

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Attorney answers 1


If your property is going to be foreclosed on in 15 days, your only possibility of saving it with the hope of a short-sale would likely be by filing bankruptcy. You likely won't have enough time for you to apply to the Court for a default hearing, to conduct the default hearing, to get a default judgment, to negotiate with your lender, and to find a prospective short-sale purchaser, to protect your property from bankruptcy. You should promptly consult with an experienced Bankruptcy Attorney and an experienced Family Law Attorney regarding your situation.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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