Legal Question in Family Law in California
House given to ex in divorce in my name
I am writing on behalf of my fianc�, Jeff. Jeff was divorced in 2002 and gave the house him and his ex lived in to her in the divorce agreement. She got the house he got the business. The divorce agreement state that she gets the house, it says nothing about refinancing or anything. The house is only in Jeff�s name and she doesn�t make the payments on time, so it is affecting his credit. Post the divorce they both signed an agreement that states if she didn�t refinance or sale the house she would need to sale it by a certain date. Now, in court since April 03� trying to enforce the agreement, the court system just told us that it was an invalid contract because she gets nothing in return. What actions need to be taken to have the court order the house be refinanced or sold? She has really bad credit and is getting ready to file bankruptcy so what can be done to make sure the house gets out of Jeff�s name no matter what has to happen. This issue was resolved in family law, should it be taken to civil. Jeff just wants the house out of his name so it will stop affecting his credit. She does not make the payments on time, and sometimes even waits till right before foreclosure.
2 Answers from Attorneys
Re: House given to ex in divorce in my name
Not an easy situation. Must get the court to agreed to force this. Should retain an attorney.
Re: House given to ex in divorce in my name
It appears that your fiance did not use an attormey for his divorce and unfortunately, this is the result. He really needs an attorney now to resolve this issue.
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