Legal Question in Family Law in California
I filed for divorce June 28, 2012. It was uncontested. We did the paperwork ourselves and never involved an attorney. Judge signed our settlement agreement on September 19, 2012. At that time, it was agreed that the marital home (both our names are on the title and mortgage) would be sold through a short sale since our house is upside down. Neither one of us can pay the mortgage on our own. We would each walk away with nothing. Now, my ex-husband wants to keep the house and wants me to help him by doing a loan modification with him. I told him if he wants to keep it to refinance in his own name, but apparently that's impossible with no equity. I want to break all emotional and financial ties with this man, so I feel this is not the right thing to do even though he said he would make the new mortgage payments. He wants me to do this so he can have an affordable payment on his own. Our house is currently in the short sale process since summer. My goal is to have the house sold and move on. He feels a sense of entitlement and is pressuring me to comply with him. Am I doing the right thing? I do not want this responsibility/burden anymore. He is going back on our original agreement. Please advise! Thanks.
2 Answers from Attorneys
I think you are doing the right thing. He signed a settlement agreement. It sounds as though he wants to change those terms If he wants to change the settlement agreement, he needs to bring the proper motion to the attention of the court.
I can't tell you what to do. That is a personal choice, not a legal issue. What I can tell you is that if there is a judgment that calls for the property to be sold, you have a right to enforce it and he has no right to impede or stall it. You can file an OSC re: contempt if he does.
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