Legal Question in Family Law in California

i am still in family divorce court and i have the deed in my name only. my x to be put a pendency on it. i want to refinance my loan now and lock in the rate. does this stop me


Asked on 1/03/12, 9:05 pm

3 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

What stops you is the automatic temporary restraining orders(ATROS) issued when the petition was filed and served. To be safe, you should enter into a written stipulation and order with your ex permitting this transaction so you will not be accused of violating the ATROS.

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Answered on 1/04/12, 7:36 am

The lis pendens will stop any rational commercial lender, but more importantly as Ms. Kock says, you would be in contempt of court for violating the ATROS. You need a court order removing the lis pendens and permitting the transaction, and you will either need your ex to be's consent for that or you will have to file a motion with the court.

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Answered on 1/04/12, 11:11 am


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