Legal Question in Family Law in California
I was awarded my home back to me in divorce court, but the loan was solely in my husbands name, it was in foreclosure and afraid that the bank would call the very inflated loan of $750,000 (value 340K)I did not record the quit claim deed. The power of attorney that I also got was useful in an attempt to do a modification but with no luck on that, and I cannot refinance, I found someone to sell it to. Doing the sales agreement and some other paperwork was fine with the P.O.A but the final escrow papers, because it is a short sale I am told have to be signed by my Ex-Husband which he is refusing to sign. My question is that if family court awarded me the house is he not legally obligated to do what is necessary for me to do what I have to do with the house. i.e. sign escrow papers because the loan is in his name.
4 Answers from Attorneys
He gave you a quitclaim. He complied. You were nuts to take back the house with that much debt and so little value. He has no obligation to sign on a short sale of a property that the deeded to you free and clear. Considering it is his personal debt, he may be equally nuts not to sign off, but he has no obligation to do so. It sounds like you two are flying without attorneys, and there is a really high likelihood of you both getting burned in the situation you are describing. I cannot recommend strongly enough that you get some in-person advice from a Family Law attorney who knows real estate really well, or a Real Estate attorney who knows some family law.
Tim is absolutely right. If you insist on proceeding and the bank needs court approval then filing a motion asking for help from the court on completing the sale could be an option.
Why don't you just bring in the quitclaim deed? Escrow is asking your ex-husband to sign the paperwork because he is still on title as the owner of record.
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