Legal Question in Family Law in California
nasty divorce
My divorce is almost over. My husband stopped making the mortgage payments and moved out. He asked the judge to sign my name, so he could sell the house. The judge let me have first option to buy it. The equity would be put in a trust and the judge will decide how it will be distributed. We're about to lose the house at action, and my husband is refusing to sign the quick deed. His attorney and himself are talking about that I'm buying him out and he wants to make sure he gets his money. When in fact what the judge ordered was, in 30 days from then, i had to be 1 day into escrow or the house would be put up on the market and I must make the house available for viewing. Since my credit is screwed, my uncle agreed to use his credit to get financing, my house payments will be a lot lower. The realtor went over the numbers with my husband and he was O.K with it. He has his attorney look at it and his attorney is advising my husband not to sign because my uncle is the primary and not me. He knows how impossible that would be, more so because I don't work, I go to school. I'm going to court tomorrow and what do I do ? Please help, Marylou
1 Answer from Attorneys
Re: nasty divorce
Why not have your uncle purchase the house at the foreclosure sale. Since husband has refused to sign the necessary documents to complete you purchase of the property he has forfeited his right to the equity in the house.