Legal Question in Real Estate Law in California

The first thing that strikes me about your post is that you did not pay the HOA dues for 17 months. In California, HOA dues are a personal obligation, and unless someone paid them on your behalf, the HOA will at some point be seeking recovery of those monies from you. Always pay dues even if you are walking away from the property.

Next, one needs to review the actual purchase documentation and the manner in which you held title with your ex-fiancee to determine what the respective obligations and rights may be between you two. Typically, in a tenancy in common, each co-owner is liable for the cost of maintenance of the property (debt service, etc...). The paying co-owner may have the right to seek reimbursement from the non-paying co-owner, however, that may have gone away as a result of (1) her abandonment of her interest by leaving, and (2) the loss of the home through foreclosure. It is a complicated question, and one that is probably not capable of being answered on a free, internet legal forum. I would suggest contacting a local real estate litigation attorney in your area to discuss. The cost of such litigation, and the likelihood that you cannot recover your attorneys fees from her absent a contract in which she agreed to pay them, may point to this being a losing cause.

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