Legal Question in Family Law in California
Hello,
I've been divorced since Oct. 2007. We bought a condo together less than a year before that and we did not specify or even see a judge for the divorce. I didn't know this would hurt me now. He left the condo and I agreed to stay and take on the payments, which i've been paying every month since. I've never been late on one payment. I tried to get his name off the loan, which he wanted as well, and have been unable to do so since no banks will refinance me. The property is worth at least $100k less than I am paying for it. He only paid during that first year, I've paid every since on my own. He doesn't refute that. Now, he's mad that I can't get a refinanced to get his name off and is trying to push me to short sale. I absolutely do not want to short sale. Why should I when I've made every payment and on time. Its been 5 years since I bought my condo. I have paid and am stilling paying a ridiculous mortgage payment since the market has been so down. I could have been renting a place during this time for a third of the mortgage and I didn't. I kept my place and have done the responsible thing and paid my bills. It has been very tough and I've struggled and am still struggling a great deal to make these payments. I do not want to lose my place. How do I get his name off the loan and still be able to keep my condo?
1 Answer from Attorneys
You should probably consult with an attorney to see what your specific rights are. Your situation is fairly complex that a simple forum answer will not be enough for you. You should probably review the terms of the divorce decree to see what the decree says in terms of the property and the rights to refinance or sell. I suspect that he would not be able to force you to sell the property if it was assigned to you. However, you would need to figure out a way to get his name of the loan. That may not be possible for a long time, I suspect if you are current on the payments then the court would not order you to sell the property.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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