Legal Question in Family Law in California
I was divorced in 9/2004. Divorce decree states my ex is responsible for 1st & 2nd loans on the house we purchased together (both of our names are on the loan). He has filed bankruptcy (w/o my knowledge) and the home will go into foreclosure. This is ruining my credit and I want my name off the loan. The mortgage company (B of A) will not remove my name unless my ex completes an application and a fee of $400-$900 is paid.
1) Is my ex in contempt of court because he will not and has not paid mortgage since October or 2010?
2) Is my ex obligated to cover the fee to remove my name from the loan?
Thank you sooooo much for your help!!!
1 Answer from Attorneys
Arguably he is in contempt, but the question arises as to whether he has a defense to contempt in claiming an inability to pay.
Second, he should pay the fee, if that is required to refinance, or for him to assume the entire obligation with the lender's permission, which is the only way to remove you from the loan obligation.
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