Legal Question in Credit and Debt Law in California

Re: Divorce and Joint Mortgage

This is actually more of a Family Law question, than Credit, Debt & Collections Law - if you end up wanting to pursue this, you will want to go back to a family law attorney. The answer is that you personally cannot force the lender to remove you from the loan. The reality is that the lender approved the loan on the basis of the two of you borrowing the money, and they don't really care too much about your divorce (except to the extent that it probably makes it more likely than not that the loan will eventually wind up in default).

Because the lender wasn't a party to the divorce action, they are not required by law to remove anyone from the loan. I suspect that if you called and/or wrote to them about this, you'll get the same response. I am not a family law attorney, but I do know that the only way the lender can be forced to do anything is to join them in the divorce action, and have the court issue an order. Again, this is more a family law issue, but I suspect that there is no real basis in California law to force a lender to modify its contract with the two of you based upon the divorce only. You'll want to check with a Family Law attorney before reaching that conclusion.

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Re: Divorce and Joint Mortgage

Yes, it is called a sale.