How to Stop an Order to Sell Property by Receiver in a California Divorce

California is a community property state. Any property either of two spouses acquires during marriage -- with exceptions such as gifts to one spouse -- is automatically co-owned by both spouses. If the couple divorces, the spouses' community property must be divided equitably between them. To stop one spouse from hiding or disposing of community property, divorce courts can appoint a receiver to assume control of the marital assets. In some cases, the court order can also direct the receiver to sell off some of the property and divide the proceeds between the spouses.

Instructions

1

Show up for the scheduled court hearing at which the judge makes her decision about the receivership order. Present any arguments you have that might persuade the judge to reject the order.

2

Talk to the clerk of court if the judge grants the order despite your objections. In California, divorce is normally the province of the Superior Court, but you have the right to appeal the court's decisions. Find out from the clerk which appellate court takes appeals from the judge handling your case, and ask for the court's address and contact information.

3

Draw up a petition to the appeals court stating grounds for overturning the order. You could argue, for example, that the court or your spouse's attorney violated procedure in granting the writ, that you weren't notified of the hearing or that there are no grounds for appointing a receiver.

4

Submit your petition to the appeals court. Any forms that you need should be available for download from the court website. Follow all procedures and pay any requested fees to ensure the court doesn't reject your petition as invalid.

5

Appeal to the state Supreme Court if you are turned down at the appellate level. You will have to file forms and pay the filing fee at this level, too.