Legal Question in Real Estate Law in California

Re: Can my ex-wife sell the house without me?

There are 2 issues here.

1. If you are still on title, you would be required to sign off prior to a sale.

2. It wounds as if your ex received the house in the divorce. However, there was probably an order for her to maintain payments, too. You may have a cause of action against her for damages caused by her failure to abide by the order to make the payments.

Re: Can my ex-wife sell the house without me?

A marital dissolution decree is supposed to divide community assets equally and also divide responsibility for community debts equally. Since a couple's largest single asset is usually their home and their largest liability their mortgage, courts pay special attention to them in writing (or approving the couple's) property settlements.

I think the first thing to do is go back over your property and debt division order, to see what made up each of your halves of the benefits and the burdens. Look and see who was supposed to get what and when, and who was supposed to pay what and when. You may find a provision requiring her to take some kind of step to protect you against creditor claims resulting from the mortgages.

Then I think you should ask for a free initial consultation with a family-law attorney in the county where the house is located, because you may have a statute of limitations deadline to take action, and only an experienced attorney hearing your facts and seeing your decree and MSA first-hand can advise you with comfortable certainty what deadlines you may face to initiate action.

Re: Can my ex-wife sell the house without me?

It appears you have no right to anything from the sale of the house. If it is finally out of your name, you can use your property/marital settlement agreement to assist you in credit matters and, at least she cannot continue to ruin your credit with this.