Legal Question in Real Estate Law in California

Re: homesale

Sounds like you need to stop the sale or put some sort of lien on the property. There are several ways to do this: You could file for divorce or legal separation, which would cause the sale to stop. You could file a quiet title or partition action and record notice of the action with the county recorder's office, or you could seek a preliminary injunction from the court stopping the sale of the home. Likewise there are several ways to get a judgment against your spouse requiriing him to give you back your money.

Re: homesale

Did you sign the loan documents? This will make a huge difference in how your rights should be asserted.

Has a dissolution proceeding begun, or is one likely? Among other factors affecting your legal choices, you may want to assert your claim in the dissolution proceeding, or in a separate civil action.

The basic legal principle here is that spouses are considered to be in a fiduciary relationship with one another with respect to the property, business and financial aspects of their marriage, and, according to the Family Code (section 721(b)) "This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other."

Re: homesale

We would have to review your documents. You may have a claim against her. Was there a divorce decree or other court order with respect to this debt?