Legal Question in Family Law in California
I was awarded the family home in my divorce. The divorce settlement states that I am to refinance the home in my own name, in order for my ex husband to be removed from the title. After consultations with several real estate bankers, it turns out that I will never be able to be refinanced due to owing almost $200,000.00 MORE on the home, than what it is currently worth. At this point I want to walk away from the home, but my ex is still listed on the title and I can't imagine he will be happy with my decision. Since I was awarded the home outright, does he have any say so in the matter, even though he is still listed on title? Or since the home is mine, he just has to take the hit to his credit? I have re-read the divorce agreement, and it clearly states that the house was awarded to me, that he relinquishes all rights, and it is my responsibility.
1 Answer from Attorneys
Did you know the house was worth less than the mortgage when the agreement was signed? Did a lawyer assist you? It sounds like your ex-husband pulled a trick on you to stick you with the house debt. I would talk to the lawyer who helped you in the divorce. You can file an inter-spousal quit claim deed with your ex to put the house in your name only. Your ex's credit should take a hit regardless, as his name is on the loan you intend to let go. Good luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
