Legal Question in Real Estate Law in California
My ex husband and I still own a home together which is worth about $200,000 less than what is owed. We haven't made payments for 4 months on the 1st and 1 year on the 2nd. We were in the process of a short sale and now he wants to try to modify the loans and get a renter in until the market recovers. I offered this a year ago and he didn't want the responsibility, now the 2nd is in default and they won't work with us except to pay off the loan ($200,000). He is bullying me and has already listed the house for rent (without my consent) I don't want to be involved in any business dealings with my ex as he changes his mind constantaly and doesn't care about any consequences . What can I do? I am on both mortgages and the only way to remove me is if he refinances (which he can't). How can I protect myself from further deliquencies and penalties?
2 Answers from Attorneys
Have you not yet been to see a bankruptcy lawyer? Maybe a Chapter 13 could result in your payments on the 2nd being reduced or eliminated.
Other than Mr. Stone's suggestion, the only other option is a partition action. I NEVER let my clients jointly own anything at the end of a divorce. If you were represented by counsel, you might consider a malpractice action.
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