Legal Question in Real Estate Law in California
Through my divorce I let my husband keep the house as long as he kept up the mortgage payment, and the judge gave a court order for him to change the title of the house to his name. Two years have gone by and he has not changed the name on the title but kept up payments. He has never paid alimony as per the court judgement, and I tried to serve him last year but he left the country for 2 yrs. He is now back in America, can I fight to keep the house now?
2 Answers from Attorneys
In order to be reasonably sure, a lawyer would have to read the complete order, as signed by the judge. However, if I understand your question correctly, I don't think your ex-husband's failure to make the alimony payments necessarily means you would win a fight to keep the house. I think your more immediate remedy is enforcement of the alimony provisions of the court order, with the court having probable authority to give you title under Family Code sections 290 and 291 if necessary to carry out the intent of the judgment in dividing your property.
Whatever you are smoking is definitely stronger than marijuana.
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