Legal Question in Family Law in California

House & Dogs

My ex & I were married in 2004 and bought a house the same year. My name is the only one on the mortgage because he had bad credit. I left him March 1, 2008 and moved-out. The only things I took were our 2 dogs (community property, bought both when married) and my personal possessions (clothes and jewelry - no silverware, appliances, etc.) The house is currently upside down. My ex used his equity from a previous codo to buy our house. He's been living in the house since I left, and making the mortgage payments. I tried to settle by giving him the house and only asking for the 2 dogs, but he says no. He wants money. We have a trial date next month. Just a call from my lawyer today saying my ex isn't making March mortgage payment because he can't afford it. What do I want to do? I don't really want the house because I just signed a 1 year lease & don't want to go back to a house with memories of him. I also can't pay rent & a home mortgage. Because he used his equity, I thought he wanted the house more than anything. Why would he be making the payments for over a year, and now 1 month before our trial date, say he can't afford it? What stunt would he be trying to pull??? The only thing I still want out of all of this is the 2 dogs.


Asked on 3/17/09, 6:45 pm

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: House & Dogs

You have tough choices, but they have to be made. If he keeps the house, it sounds like he can't get you off the mortgage, so you are at risk of him damaging your credit. If you take the house, you'll have to breach your lease which may cost you some money as well.

I believe the proper way to resolve it is whoever gets the house that's upside down simply gets it a zero value. There are advantages to keeping the house even though it is upside, and the downside is limited since one can always walk away and let it go to foreclosure without owing anything.

So with those things in mind, you've got to get your case resolved, and if you negotiate that resolution, throwing some money to him if you have it may cost you less financially/emotionally than getting your likely result at trial. If not, you go to trial and get the thing finished at least, one way or another.

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Answered on 3/17/09, 7:10 pm


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