Legal Question in Family Law in California
Post Divorce Property Issue
I recently completed a divorce of which I went through a typing service instead of attorneys due to financial reasons. I was married only nine months. My ex and I had purchased a home. In my divorce papers I failed to mention anything about the home except that he would be awarded the property. I asked for nothing from him. My divorce was final six months ago, my name is still currently attached to this house. Is there a way to remove my name? Can I take him back to court to force the sale, or make him refinance to get my name off of this debt. He is still making the correct and on time payments so my credit has been spared but I want to move on and possibly purchase my own home.
1 Answer from Attorneys
Your name on the house
Your case illustrates why and how clients are often poorly served when they hire "typing services" instead of attorneys. I say this not to make you feel bad, but because more than once I have had to clean up messes made by "typing services" or "independent paralegals." I know you went this route for financial reasons, but if you needed surgery and didn't have the money, would you hire a nurse instead of a doctor?
In any event, you can get your name off the house by signing and recording a quit-claim deed. You cannot get your name off the loan, however, unless the lender consents, which is unlikely. If the judgment doesn't provide for the house to be sold or refinanced, you probably can't force him to sell or refinance, unless that was what the two of you agreed. In that case, and assuming he won't now cooperate, you may need to file a motion to vacate or modify the judgment on the ground of mistake. I strongly suggest that you consult an attorney experienced in family law matters. Do not delay.
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