Legal Question in Family Law in California

Refinance

I am currently in the process of trying to buy my ''X'' husband out of a home we purchased during pur marriage.

There is a loan that in the divorce decree it states he is responsible for. However the bank has documented me as being responsible for and their is a lean on the home. He refuses to pay the loan off so we can close this account. He refuses to take $20.000 from the sale of the house (which would come out of his %)or %20.000 lessfrom a pay off. I was told by the broker that the loan must be paid off in order to close Escrow. Do I need to hire a realestate lawyer or family law lawyer to force him to take $20.000 less for his pay off or make him refinance the loan prior to sale or buy out?


Asked on 1/17/02, 5:52 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Refinance

he is not required to do anything unless a court order tells him to. to change or obtain a court order you need a family lawyer.

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Answered on 1/18/02, 12:56 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Refinance

Your remedy depends on the wording of you divorce decree. Have that decree reviewed by an experienced family law attorney. A real estate attorney will understand your rights but will not necessarily know how to handle the matter efficiently in the family law court. Pat McCrary

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Answered on 1/21/02, 12:31 pm


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