Request for Order - Sell Home
Petitioner Carmela Rita Valceschini (Wife) filed a request for order (RFO) on April 9, 2026, seeking the following: 1. Sale of the marital residence at 191 Esmeyer, San Rafael, pendente lite; 2. Authorization to select a realtor to sell the home; 3. Appointment of an Elisor if Husband refuses to sign the listing agreement; 4. Authorization to accept offers as low as $1,600,000; 5. Appointment of an Elisor to sign all documents needed to complete the sale if Husband refuses to accept offers as low as $1,600,000 6. Sale proceeds to be divided one third to Wife, one third to Husband, and one third held in trust by Wife’s attorney until further written agreement of the parties or court order; 7. An order prohibiting Husband from making alterations to the marital home.
Wife filed the dissolution petition February 19, 2026, and Husband was personally served on March 2, 2026. Husband has yet to appear in the action. Husband was served the RFO by mail and Wife’s attorney avers that he has spoken with Husband who acknowledged the RFO but Husband has not responded to the RFO.
Wife avers that she is unable to afford the carrying costs of the marital home, Husband has stopped paying the mortgage and has become unemployed and has relapsed into substance abuse. This Court may make orders necessary to preserve the community estate. (Family Code section 2553; Lee v. Superior Court (1976) 63 Cal.App.3d 705, 711.) Under the circumstances, sale of the marital home pendente lite is necessary to preserve the assets of the marital estate. The Court orders:
1. The marital residence at 191 Esmeyer, San Rafael is to be sold.
2. Wife may select a qualified real estate agent to list the property; 3. Upon selection of a qualified real estate agent, Wife is to notify Husband by phone and in writing of the proposed agent. Husband shall not unreasonably withhold consent to the choice of agent. If Husband does not reply within 72 hours, or unreasonably withholds consent, Wife may bring an ex parte request for appointment of an Elisor, consistent with MCR Fam. 7.35.
4. Upon contracting with a qualified real estate agent, Wife shall obtain a declaration from the agent with her or his opinion as to the lowest reasonable offer he would advise the parties to accept.
5. Husband is to cooperate in all respects with the sale of the marital residence and shall not unreasonably withhold consent to all reasonable offers at or above the threshold stated by the agent. If Husband refuses to accept a reasonable offer at or above the threshold wife may bring an ex parte request for appointment of an Elisor, consistent with MCR Fam. 7.35.
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6. Sale proceeds are to be divided one third to Wife, one third to Husband, and one third held in trust by Wife’s attorney until further written agreement of the parties or Court order.
7. Husband may not alter, modify or damage the marital residence.
Counsel for Wife is ordered to prepare the formal Findings and Order After Hearing.