[CA] [CA] Can the court order someone to vacate a home before a sale?
I'm having a dispute over a property. The person I share the property with still lives there and is making the sale difficult. I think it’s best she moves out. Can this be enforced?
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Short answer: You can ask the court to order her to vacate if her occupancy is obstructing the sale and compliance with the order. Courts can enforce cooperation, and if she refuses showings, repairs, or mediation, the judge can grant you exclusive possession to move the sale forward. Continued violations can lead to sanctions or contempt (CCP §§ 1209–1222).
Longer answer: File a motion at your September hearing requesting (1) an order requiring vacant possession by a date certain, (2) access for showings and repairs, (3) compliance with mediation, and (4) alternative relief (sanctions, attorney’s fees, or a contempt finding) if she doesn’t comply (CCP §§ 128 & 187). Emphasize her mediation refusal, interference with showings/repairs, and that the mortgage is solely in your name. Bring organized evidence (emails, texts, realtor notes, repair estimates she blocked). This shows a pattern and supports a vacate order.
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I'm having a dispute over a property. The person I share the property with still lives there and is making the sale difficult. I think it’s best she moves out. Can this be enforced?
Lexi, Chatbot
Have you initiated mediation?
I tried. She refused. I even went to court and she still hasn’t complied.
Lexi, Chatbot
Anything else the lawyer should know?
No.
Legal Eagle
Happy to help. What exactly is she doing to hinder the sale?
Refusing open houses, poor availability for showings, won’t let me in to do repairs. She’s difficult to work with. The loan is in my name, and I already gave her 2 years to live there.
Legal Eagle
Have you asked the court to order her to vacate before the sale, or has the judge only ruled on the sale and mediation?
I haven’t asked for a vacate order yet—that’s my plan for the next court date. Judge only said we must comply and go to mediation; she still refuses.
Legal Eagle
Got it. Anything else before I answer?
No—just want options to get the court to make her vacate.
Legal Eagle
Short answer: You can ask the court to order her to vacate if her occupancy is obstructing the sale and compliance with the order. Courts can enforce cooperation, and if she refuses showings, repairs, or mediation, the judge can grant you exclusive possession to move the sale forward. Continued violations can lead to sanctions or contempt (CCP §§ 1209–1222).
Longer answer: File a motion at your September hearing requesting (1) an order requiring vacant possession by a date certain, (2) access for showings and repairs, (3) compliance with mediation, and (4) alternative relief (sanctions, attorney’s fees, or a contempt finding) if she doesn’t comply (CCP §§ 128 & 187). Emphasize her mediation refusal, interference with showings/repairs, and that the mortgage is solely in your name. Bring organized evidence (emails, texts, realtor notes, repair estimates she blocked). This shows a pattern and supports a vacate order.
Thanks. I added dozens of emails to the court confirming these issues.
Legal Eagle
Great—those will help show a clear pattern. Anything else you need?
No, that covers it. Thank you.
Legal Eagle
You’re welcome. If anything changes, reach out.
Legal Eagle
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