Legal Question in Real Estate Law in California

Re: Do I still own half of the condo after the divorce?

There are many facotrs involved, but if the condo was not dealt with in the divorce and you are on title, you likely own half. My rates are reasonable and you may contact me direct for a free consultation. 951.283.4286

Re: Do I still own half of the condo after the divorce?

A California divorce really deals with two, maybe three, main subjects: termination of marital status; division of community property; and, if there are children, custody.

If the divorce is final, there must have been a property settlement.

The property settlement can be either an agreement freely negotiated between the parties and then made part of an order of the court, or it can be by order of the court made after trial.

In either case, the parties will be required to make disclosures to each other of the property owned by each of them separately and by the two of them as their community property.

OK, then, how did the condo get overlooked, if it really isn't addressed in the final orders of the court dissolving the marriage and dividing the property?

Did someone fail to disclose that the couple owned this condo? That could be fraud. Did the court fail to make an order respecting the condo? That's possible, but unlikely. More likely, an order or voluntary agreement of the parties which was attached to an order was made, but the parties have failed to take steps to carry out the order.

A marital property settlement is supposed to divide the couple's assets and liabilities as nearly equally as possible. The condo was no doubt a major element in the balancing of assets and liabilities, since there was probably a lot of equity AND a big mortgage.

In my opinion, there is probably an order awarding the condo (an asset) and assigning the mortgage responsibility (a liability) to one or the other of you. These orders aren't "self executing." If neither of you takes any steps to refinance or quitclaim, the loan and the title will not reflect the "true" ownership that the dissolution order had in mind.

Someone (you or your lawyer) needs to go to the court clerk's office and review the file for the divirce case, focusing on the disclosure statements, anything resembling a property settlement agreement, and, of course, any final order dealing with property matters including anything attached to the order.

The notarized document you describe may be part of a settlement agreement, but if it does not deal with all major items of property, it may be incomplete, not final, defective, or simply not an order of the court.

Re: Do I still own half of the condo after the divorce?

You may, I would need to review the divorce papaers. Call me directly at 16192223504.