Legal Question in Banking Law in California

Hello,

My ex and I have been divorced for almost four years. We are no longer on speaking terms. I recently became aware of the fact that my ex still has my name and his still listed on the mortgage payments for what is now his house. The bank which we mortgaged our house with still has both our names listed on the bank statements. If my ex defaults on making timely house payments, can the bank then come after me to make these payments? If so, is there anything I can do to make sure that my name is no longer listed on the mortgage bank statements with my ex, so that I do not become liable to make the house payments should he default.

Thank you.


Asked on 1/14/12, 8:52 am

2 Answers from Attorneys
Joel Selik www.SelikLaw.com

Unfortunately, you are liable. All ou can do is sue yur ex if you should have to pay. One other choice is to bring a partition action in Superior Court which will force the sale of the property.

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Answered on 1/14/12, 11:50 am

Mr. Selik is jumping the gun. This should have been dealt with in your divorce. You need to start by taking your divorce judgment, and your marital settlement agreement if any, to an attorney to find out if he is in violation of any provisions of the judgment or MSA. If so, you can take him back to Family Court for relief. There may be options if the MSA and judgment are silent as well.

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Answered on 1/14/12, 7:18 pm


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