Selling Marital Assets Before the Final Community Property Division
Obtaining a court order to sell, liquidate, or encumber real or personal
property before final judgment in a marital dissolution is a challenging
endeavor. Most judges are extremely reluctant to issue such orders absent
a showing of very good cause - like, for instance, the immediate risk
of loss of an asset. Family Code section 2108 does provide family court
judicial officers such discretion, however, but be sure that your Request
for Order contains admissible evidence justifying your request!
CALIFORNIA FAMILY CODE
DISCLOSURE OF ASSETS AND LIABILITIES
Family Code Section 2108
At any time during the proceeding, the court has the authority, on application
of a party and for good cause, to order the liquidation of community or
quasi-community assets so as to avoid unreasonable market or investment
risks, given the relative nature, scope, and extent of the community estate.
However, in no event shall the court grant the application unless, as
provided in this chapter, the appropriate declaration of disclosure has
been served by the moving party.