Legal Question in Family Law in California

Hello,

My ex husband and I divorced 4 years ago. Our MSA stated that we were to co-own the property we lived in. He was to move into an apartment on the property and I was to live in the house. Last December he met someone and moved in with them. At that time he didn't want to help with the payments anymore so he Quit Claimed it over to me.

This last November he took legal action requesting the Quit Claim Deed be reversed, me be forced to sell the house and my alimony to be reduced.

This scared me so I agreed to sign a document where I agreed to get his name off my mortgage within 6 months or put the house up for sale to remove his name. I was to keep all proceeds from the sale of the property. The 6 months will be up the end of May. I also agreed to a buy out of my alimony of 20,000.00 ( I was to received 1,000.00 a month for life) I signed because I was afraid of losing it altogether. (My boyfriend moved in with me) That is what triggered all of this.

I have tried to qualify for a loan on the house. The mortgage company tells me I need two years tax returns showing rental income in order to qualify. One year, 2010, has passed. I need to show another year. I have made payments ontime. His credit is not being harmed in any way.

My question for you is, How would I go about getting the extra time I need in order to show my second year of rental income on my tax returns? Would it be best for me to approach the court or, do nothing until he takes me back to court?

Thank you,

Nona


Asked on 1/26/11, 2:36 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

It is difficult to answer that question without a review of the entire history, the contract signed 6 months ago and the MSA. There are many ways to delay the sale, depending upon those agreements. You should have all of this reviewed by an attorney who can give you competent advice. Good Luck, Pat McCrary

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Answered on 1/27/11, 3:45 pm

Mr. McCrary is correct. The MSA and the agreement would need to be reviewed, along with the details of the situation. You need to see an attorney on this one.

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Answered on 1/28/11, 12:18 pm


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