Legal Question in Real Estate Law in California

i divorced and quit claim the house on jan 09. i'm still on the loan because my ex-husband is unable to refinance. i recently received a letter stating that my ex husband and I owe past due to HOA after the quit claim was signed. it's my understanding that according to state of CA law, i can't be held liable for the debt since my name is no longer on the title. is that true?


Asked on 3/09/13, 5:51 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'm not an expert in either divorce or HOA law, but I'd suggest two things you might consider as clues. First, was the debt to the HOA contracted before or after January 2009. Second, review your HOA agreement to see if it gives any hint as to when your liability for additional dues and assessments terminates......possibly the HOA needed to be notified, or possibly your ex-husband failed to record the quitclaim deed.

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Answered on 3/10/13, 2:23 pm

You are liable of HOA dues up to the date the quitclaim was recorded, as between you and the HOA. If some or all of the past due HOA dues are for any time before the quitclaim, you owe the HOA jointly with your ex. Your divorce papers may have provisions that would require him to reimburse you if you are forced to pay, but as between you and the HOA you are on the hook for anything before the quitclaim.

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Answered on 3/10/13, 11:32 pm


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