Legal Question in Family Law in California
House given to ex-wife but still in my name
In mine and my ex-wife's divorce agreement I was given the business and she was given the house. The house is in my name and she is supposed to be making the payments monthly. She is never on time with the payments thus for it is effecting my credit. We have a post divorce agreement entailing that by March 31, 2003 she was to have three months worth of payments to me by this date and then monthly show me proof that she is making payments. If this agreement was not fulfilled then the house was to be put up for sale. Well it is now April 8, 2003 and she is neglecting to give me a check for the 3 months of payemts or have the house out of my name. The whole agreement is in direct effect to her never paying the house payment on time causing my credit to be effected. She is not able to transfer the house to her name because she has bad credit and fails to pay her personal bills on time. I am wanting the house out of my name no matter what. I have been told since she was given the house in the divorce decree that there is nothing I can do. But why is it fair for it to be hers and still be in my name effecting my credit? I am confused and need some help.
2 Answers from Attorneys
Re: House given to ex-wife but still in my name
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Because she is not in compliance with the post-judgment order, go back to court again and have the house ordered to be sold.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Reply: House given to ex-wife but still in my name
Becaue there is a divorce Judgment in place, you should have it reviewed by an experienced family law lawyer. You may be able to force a sale of the house or have other options, depending upon the particular terms of your judgment. This is a common situation that could have been taken care of by good lawyering and proper language in the Judgment.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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