CALIFORNIA FAMILY LAW
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Family Residence/Real Property
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Division
.........Sale
7 Cards On This Topic:
Inequitable to defer sale of home awarded to W and also order home awarded to H sold to equalize c/p division.
Court erred in calculating credit H due under Fam. Code §1101 (g) for loss to community b/c of W's dilatory conduct in sale of family home.
Court has jurisdiction to order c/p asset sold to effect equal division.
Court can force party to take c/p asset over that party's objection to effect equal division.
No interest on party's share of sales proceeds of c/p asset when sale delayed due to unfavorable market conditions.
Where judgment awards residence to W and $33,429 to H from W when house sold, H entitled to interest.
Court may not order pendente lite sale of c/p asset unless necessary to preserve c/p asset.