Legal Question in Family Law in California

I was divorced 2 years ago, my x-husband kept both of our properties. It was in the divorce agreement that my name be removed from title and I am not responsible for the debt of either loan. However my name still appears on the loan. He will not re-finance, says he doesn't qualify or cant afford it.Lately he has become deliquent on the loans sometimes 2 or 3 months behind. Unfortunitly for me, this has caused me to be turned down for a small car loan( $5,000) I have always had excellent credit and now this is effecting it big time. What can I do ?


Asked on 12/08/09, 8:04 pm

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

You need to see if your judgment requires him to refinance the homes within a certain period of time. Generally, a judgment will require the spouse retaining the home to refinance within a year to remove your name from the mortgage. If it doesn't, you need to bring a motion to modify the judgment to require him to remove your name from the mortgage or sell the house.

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Answered on 12/14/09, 5:55 am


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