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.
