It’s important for spouses getting divorced to understand that the process is a legal matter that happens through the court system. As a recent case out of California’s Sixth District makes clear, judges take that process seriously. They’re not likely to take kindly to a spouse who disregards orders and tries to subvert the process.
Husband and Wife divorced in 2007, roughly two years after the couple first filed to dissolve their marriage. In the following year, a court found that the couple’s family home should be treated as community property and ordered that it be sold. California law generally treats any property obtained by one spouse during the course of a marriage as community property to be divided evenly in the event of divorce. In many cases, that means that the spouses must sell the property and divide the proceeds.
The court also hit Wife with more than $100,000 in sanctions for her “failure to cooperate in the disposition of the family residence, the principal asset of this community.” When the house still wasn’t sold in 2012, a judge again ordered Wife to help facilitate the sale. By that time, however, she had already transferred the property to an LLC owned by Wife and her new boyfriend. The company issued an eviction notice to Husband. It later filed paperwork listing Husband and Wife’s son as the company’s CEO.