Legal Question in Real Estate Law in California

I have been awarded by judgment a condominium that was previously in my ex's name, alone and have just recorded the judgement on the property. The property is in California. The judgment states that all bills are his seperate property prior to, during and after the marriage. He owes a balance to the HOA for which they are threatening me with foreclosure. They have not yet filed a lien. They refuse to reduce the balance and go after him for what he owes. What can I do and, do they have the right to come after me & file a lien on what is now my property for his debt?


Asked on 6/02/10, 4:28 pm

3 Answers from Attorneys

If they were not made a party to the proceeding, they are not bound by the judgment. I would have to see the judgment and the HOA governing documents before I could render an opinion as to whether recording it cut off their lien rights.

Read more
Answered on 6/02/10, 10:19 pm
Anthony Roach Law Office of Anthony A. Roach

If the property is in your name, you are going to be responsible for HOA assessments. I fail to see how a bill that arises after your marriage ended, that you incur on property that you claim to be yours, is his bill despite what you claim the divorce decree says. If you do not pay the assessments, the HOA can lien and sell your property, and your divorce decree is not a defense. At best, you would have to go after him for reimbursement, if the assessments were for matters that occurred during his ownership, and during the marriage, if that is what the divorce decree actually states.

Read more
Answered on 6/03/10, 10:15 am
Terry A. Nelson Nelson & Lawless

Liens, whether HOA or otherwise, follow the property. You either pay them off, negotiate them down if possible, or possibly lose it to foreclosure. The divorce decree doesn't change that, it only gives you grounds to sue the ex for reimbursement if you think it is practical to do so

Read more
Answered on 6/03/10, 3:25 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California