Legal Question in Real Estate Law in California

My ex wife was awarded our house in our divorce settlement, she agreed to do payments, she has not made any payment and claims bancupcy and the house is now in repossession. How can I get my name out of this mess! The banks not help


Asked on 3/28/12, 8:55 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you used an attorney in the divorce proceeding, I'd ask him or her if there is anything that can be done in court. Very likely, it is either too late, or a bankruptcy filing has taken it out of the hands of the family law court, or both, but it's worth a try. If you weren't represented, you should at least review your judgment or court-approved settlement agreement to see what she agreed to do with respect to the outstanding loan on the house.

More likely than not, there's not going to be too much you can do to prevent a foreclosure, although if your ex is truly in bankruptcy proceedings, that will delay it some. A foreclosure should not affect you, except possibly your credit rating, which I suggest you monitor from time to time and if anything regarding the foreclosure shows up, contact the rating agencies with information showing the divorce settlement and explain that your ex was supposed to assume responsibility for the payments.

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Answered on 3/29/12, 11:06 am


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