Legal Question in Family Law in California
I am on two home loans with my ex wife.
She lives in one home and is currently using my former condo a rental. Is there anything I can do to remove myself from the loans so that I am able to look to buy a home? I have been divorced from her from some time and have remarried.
I left my condo about a year ago and essentially gave it to my ex wife with the understanding she would assume both loans, but she has yet to do it. Do I have any legal recourse, and is there anything I can do to get myself off both loans?
4 Answers from Attorneys
File a motion to request completion of the terms of your settlement.
It basically requires the lender's approval, since at one time, you signed the promissory note. That would most likely entail her refinancing on both, and putting new loans in her name.
File a motion to either have your ex refinance the loans into her own name or to force the sale of the residences.