Legal Question in Real Estate Law in California
Mortgage being paid after divorce
My wife agreed after divorce to keep making payments toward mortgage and expenses ($1000 per month into joint account) She stated that she would continue making payments as long as the joint account was kept open.
We tried selling the house but market was just too bad in Lathrop, San Joaquin County area that we didn't even get one offer after months on the market. Since our divorce no one has been living at the house and she is unwilling to rent it out.
She then took me back to court to try and get more $ for child support saying she needed the $, but that was a lie because she makes more than I do and she gets big bonuses (last year she got a $100,000 bonus).....well the judge saw right through her and gave me more time with our 2 boys (used to be only every other weekend.....now i have them everyday from 3pm-6pm plus every other weekend)
This infuriated her and she's been on a rampage trying to make life for me as hard as possible. Now she took 1/2the money from the joint account...so what can I do to make her pay her share of the mortgage and expenses? I tried buying her out but she demanded $75,000 which was unreasonable...realtor said between $40,000 and $45,000 based on market. Her name is also on the loan.
1 Answer from Attorneys
Re: Mortgage being paid after divorce
If that agreement was part of the divorce judgment then you could go back into court to get the judge to order her to replace the funds. If you have to do so, you actually would want the funds placed in an account that neither of you can withdraw from without the others permission, if the bank will let you do that. Otherwise, some neutral third party would have to be in charge of the money.
If the agreement was not part of the divorce settlement but is in writing, you can sue in Small Claims Court; you might get a hering date within 4-6 weeks. You can also sue there if it was just a verbal agreement but you need to bring in proof of the agreement, such as bank statements that correspond with the mortgage payments as she wil likely deny there was any agreement. Any judgment, however will only be for the money owed in the past and not cover future payments.
What does the divorce decree say about the house? Were either one of you represented by an attorney; the attorney should have made some provisions for the useage, sale of the house. If not, and it is community property, you can rent it out but a tentant would not want to stay there if she comes over and yells at them.
Point out to her that if you can not pay the mortgage it will go into default and ruin her credit rating; a lawsuit resulting in a judgment will also harm it. Once the property is sold, both sides would be entitled to return of the non-community funds they have put in, but that will not help if you can not sell the house for more than the loan.
Also write her a non-threatening letter [otherwise it could be consider blackmail] listing what you feel your options may be, what the promise was, and that you will remove all but $X from the account so that she does not withdraw that sum [do it before she receives the letter].
Good luck.
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