The Valley Law Group successfully represented Mother in an enforcement matter after Father attempted to sell the residence where Mother and the children had been granted exclusive occupancy under the parties’ Consent Decree. Although Father ultimately backed away from the sale before the evidentiary hearing, the Court found that Father acted unreasonably by threatening to sell the home, threatening eviction, engaging with a realtor, missing a mortgage payment, and forcing Mother to take legal action to protect the enforceability of the Decree. The Court granted Mother’s request for attorney’s fees and costs, later entering a $12,000 judgment against Father and in favor of Mother and The Valley Law Group.
Background & Key Facts:
Under the parties’ Consent Decree, Mother had exclusive use and occupancy of Father’s separate property residence with the children until the youngest child turned 18, while Father was responsible for paying the mortgage, HOA, taxes, and hazard insurance. Father later attempted to sell the residence, threatened to evict Mother, and failed to timely make at least one mortgage payment, causing Mother to fear losing the home and forcing her to retain counsel and file an enforcement action. By the time of the evidentiary hearing, Father had stopped attempting to sell the home, but the Court found his conduct and litigation position unreasonable.
CASE / Strategy:
The Valley Law Group’s strategy focused on enforcing the existing Consent Decree and protecting Mother’s court-ordered right to remain in the residence with the children. The firm documented Father’s threats, his communications about selling the home, the realtor involvement, the mortgage default notice, and the pressure placed on Mother to vacate. Even after Father retreated from the sale, The Valley Law Group continued to pursue accountability through attorney’s fees, arguing that Father’s conduct forced Mother to take legal action to preserve the Decree. That strategy succeeded when the Court found Father acted unreasonably and awarded Mother a $12,000 judgment for fees and costs.
Client Impact:
This outcome protected Mother’s housing stability and reinforced that the Consent Decree remained enforceable. Mother was able to stand firm against Father’s threats to sell the home and evict her, while also obtaining a substantial attorney’s fee judgment to help compensate her for the legal action Father’s conduct required.
Why This Win Matters:
This result helped Mother avoid the serious consequences of losing the residence she and the children had the right to occupy under the Consent Decree. Without enforcement, Mother could have faced housing instability, disruption to the children’s home life, pressure to vacate before the agreed deadline, and the financial burden of defending her rights without reimbursement. The fee judgment also helped offset the cost of having to respond to Father’s unreasonable threats and conduct.
