Can I Force Court Ordered Sale of Property?

[califb]

Hello,
I'm not sure if this is the correct area of law to place this question in but I have a legal question regarding liens against real estate.

I have a lien against a home located in the city of Crockett, California (Contra Costa County) that is owned by my ex husband and his former wife. Just before they were married (approximately ten years ago) my ex-husband purchased the house and he and his wife lived there (along with her son from a previous marriage) until approximately three years ago when they were divorced.

During their dissolution proceedings the issue of ownership and possession of the house was contested by my ex. He asked that the court order the house to be sold and the proceeds split evenly between the parties, and his wife was asking to be allowed to continue to live in the house since she had a minor child who was in school at the time. The Judge ordered that his wife and her son could remain in the house for a period of two years, after which time the house is to be sold and the proceeds split evenly between the parties. The two year time period that she was allowed to remain in the house expired over a year ago.

I live in Sutter County, California and approximately two years ago I placed a lien against this property for approximately $25,000.00 (twenty five thousand dollars) for unpaid court ordered child support. The problem is that since there is now a lien against the property (that will leave my ex husband with little or no proceeds from the sale), he is no longer interested in having the house placed on the market and has not required that his ex-wife carry out the court orders. It seems that they have now mutually agreed to keep the house as a rental.

I am a single parent of two minor children from this relationship (a son age 16, and a daughter age 13). What legal options do I have and is it possible to force the court ordered sale of this property? Thank you very much.

[HomeGuru]

The answer to your title question is yes.

[califb]

Thank you for your reply. Can you tell me how to go about doing this? As a legal typist/assistant (Family Law) for the past fourteen years I am very familiar with various court orders, petitions, modifications, and other documents, so can I do this myself or do I have to hire an attorney? Can a Foreclosure company take care of it?

Also, since the amount of arrears has increased since the original lien was filed, should a new (or modified) lien be filed for the increased amount - or is this necessary since the debt it is for unpaid child support? Can you point me to someone who can assist me in this venture without it costing me an arm and a leg? Thanks much.

[HomeGuru]

You should hire an attorney due to the various complexities of your case.