Legal Question in Intellectual Property in California

Re: homeowner divorced

Here's my analysis of the situation.

First, there are all kinds of lenders and all kinds of loans. The degree of formality may differ. Most mainstream lenders would not touch a property subject to a dissolution decree and still held as community property without the signatures of both ex-spouses. Nevertheless, one can borrow on his or her part interest. The lender in such a circumstance would have to possess a strong desire to do a deal and a strong stomach for downstream problems.

More likely, one of the following has occurred: (1) you do not understand the terms of the divorce decree, and what has happened is perfectly permissible; or (2) someone else either doesn't understand the terms or is wilfully violating them.

It is relatively easy and cheap to find out what kind of loan has been taken out, in what dollar amount and pledging what collateral, etc. You must not remain in the dark about these details. You evidently have a large dollar stake in this house.

You need to take charge of your affairs, find out what's going on, have it explained to you in understandable terms. Otherwise, you may lose, big time.

Your best bet is to retain a local real estate lawyer to investigate and give you a report and analysis. If it then turns out you're being defrauded or cheated, you can take action. It's possible there's no problem here, but my instincts tell me that there's trouble brewing and you need to take action to figure out what it is and what to do. Your half interest in the house is worth too much to sit on the sidelines and not have a pro investigate on your behalf.