Legal Question in Family Law in California

My ex-husband has filed bankruptcy (October 2010) and my name is on the home loan. Divorce was final 9/2008. He will not work with me to get my name off of the loan and therefore my credit score is sinking. Divorce decree shows he is legally responsible for 1st & 2nd mortgage. Can I move back into the house and make him pay 1/2 of the mortgage? I understand if I take him back to court for "contempt of Court" he may have an arguable defense in that he "is unable to pay". I truly appreciate any assistance.


Asked on 3/08/11, 11:16 am

1 Answer from Attorneys
Gary R. White Burton & White

You need to consult with an attorney who is knowledgeable in Family Law and Bankruptcy Law. All of your documents would need to be reviewed and only then would it be likely that you get any worthwhile advice. The bankruptcy filing will prevent most actions which might be helpful to you and contempt is not available to "enforce" an obligation to pay a debt, such as the mortgage.

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Answered on 3/08/11, 11:31 am


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