Legal Question in Real Estate Law in California

Re: What are my legal options & recourse?

Sue her, or stop complaining and pay the mortgage.

Yes, any judgments will create liens against any real property where she is on title. Her BK could 'accelerate' your mortgage, check it to see.

Re: What are my legal options & recourse?

If you are also on the loan and title the lender has most likely held you and your ex-fiance jointly and severally liable for the debt, so if she doesn't pay, they can come after you. If you and she did not have a written agreement as to making payments before entering into this house purchase, you have a problem. If she files for bankruptcy, the lender will be named as a secured creditor, and will ask her to reinstate the loan after the bankruptcy is discharged. If she doesn't, they will ask you for the payments or they may start foreclosure proceedings.

If the back taxes she owes are income taxes and not property taxes, you are not liable for those, or for her medical bills, unless you signed something agreeing to be liable for her debts. if they are property taxes, you would be responsible. If you only have an oral agreement from her to pay one half of the mortgage it will not hold up in court if she says she didn't agree to do that (real estate contracts must be in writing).

Her creditors must take her to court and get a judgment before they can lien the home. If she owes a small amount, this is unlikely. You have several options: 1) if she refuses to pay the mortgage, have her sign the deed over to you if you want to stay in the home (but keep her on the mortgage); or 2) let the lender foreclose or offer the lender a deed in lieu of foreclosure; or 3) rent the home out and take her to court for breach of the agreement you had (if you think she will agree that you had an oral agreement, or if you have a written agreement); or 4) ask the lender to let you do a short sale. In California, the lender usually can't go after you for the difference between what you owe on the loan, an what they get at the short sale or if they foreclose. Good luck. If I can help further, I have reasonable rates.