Legal Question in Family Law in California

I divorced three months ago, mi ex-husband released me from the title house and he is as a sole property owner, in the court divorce he accepted all his loans. (houses, credit cards, car and others) but after that, when I ask for my credit report I was there as a co-signer. I called the bank and they said they can't remove my name in the loan because he has to refinance the house so he is the owner and I have the debt with him. and he refuse to do it. I don't think is fair.


Asked on 10/16/09, 7:21 pm

1 Answer from Attorneys
Jennifer Nagel Law Offices of Jennifer L. Nagel, P.C.

Of course it's not fair. However, you should have consulted with an attorney prior to settling your divorce case. They would have told you that should not have released your interest in the home by signing a deed until he removed you from the existing mortgage through a refinance. The judgment could have stated that he was given a certain period of time to complete the refinance (like 90 day), and if he didn't complete it within that time, the home would have to be sold and the equity equally divided by the two of you. That way, you'd be released from responsibility for the existing loan either from a refinance or through the the sale and pay off of the existing mortgage.

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Answered on 10/17/09, 1:29 am


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