Legal Question in Real Estate Law in California
I owned a house with my ex-husband. The 2nd mortgage was in my name, and he took a new first. He kept the house in the divorce, by 'exchanging' it with me for our other house (which I didn't know, but he did, was already foreclosed a week before). How do I get out of liability for the 2nd mortgage on what is now his house? He told me he would 'take care' of this, but didn't.
3 Answers from Attorneys
You have an ugly mess on your hands and need to contact a Family Law attorney who is knowledgeable about real estate lending as well, in person immediately.
Divorcing spouses are required to exchange at least one, and often two, sets of disclosure documents. The foreclosure should have been reflected in a disclosure. How long ago was the divorce final?
There is a chapter in the Family Code that gives the court substantial latitude to make changes in divorce decrees - see Family Code sections 2120 to 2129. If you were represented by an attorney in your dissolution of marriage (divorce) case, ask her or him. Otherwise, it may be time to retain an attorney with contested divorce experience.
An action to correct fraud in a divorce must be brought within one year after the time the fraud was, or should have been, discovered.
You need to speak to a competent family law attorney, immediately. It sounds as though there was incomplete disclosure, and you may have grounds to set aside any marital settlement agreement. There are strict time limits on doing this, that are established by law.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
