Legal Question in Family Law in California
Long story short, I have been divorced and legally separated from From my ex wife for almost two years now. In the divorce dissolution papers it talks about me signing over the house to My ex. Durning the signing of the papers my ex wife's lawyer told myself and Ny ex that she had 4 months to get my name off the mortgage loan and the Auto loan. Note: I have the entire meeting with her lawyer on audio. It's been over a year and a half now and she still has my name on the loan. She has had time to refinance the home but choose to never do so and let equity built up in the home so that she could sale it. My new wife and I have been trying to buy a home now for over a year. Home prices have gone up $60-$80K in the last year and a half. As it stands today my name is still on the mortgage loan which and not to mention my ex over 90 days late on the payment, causing a drop n my credit score. My ex is attempting to sale the home In which I am still Leagialy responsible for thru BofA home loan My name is still on the Auto loan which has cause me not to be able to get a auto loan under my name for the last year and a half as well.
My ex has but a stop to my way of living causing my credit to be damaged and having to get a car loan in my brothers name due to my dep- Ratio to income. My wife and I are struggling to get into a home now because I can't be on the loan due to the above mess, my wife has to apply by her self and will only qualify for a $220.000 home.
There is a lot more detail info I can give you in this matter. Please let me know your thoughts.
Ps sorry for the horrible spelling and errors.
3 Answers from Attorneys
Get an order to show cause why she has not done it. You should have enforced it when you hit the 120 day part. You cannot blame her for being late 90 days. You are on the loan, you knew it, you are legally responsible.
Return to court on a motion called a request for order. In that motion you should ask for the house to be listed and sold if she fails to comply with the completion of the new loan.
If you recorded your wife and her lawyer without their permission you are guilty of a crime, and the tape recording is inadmissible in California.
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