Legal Question in Real Estate Law in California

My ex wife and i bought a number of investment properties together when we were married. We got divorced in 07. On the divorce decree it is stated who would control which assets. I quit claimed over to her, to get off the deeds of her properties.. But she was not able to refinance due to the costs. Recently, she has had financial problems that have resulted in up to 180 days late as well as a bankruptcy write offs on these properties. All of this has ruined my credit, and has eliminated my ability to obtain credit.I have disputed with the credit reporting agencies, as well as called the banks, with no luck. How can I clear up my credit and can I hold her responsible for doing so?


Asked on 3/28/10, 8:35 am

3 Answers from Attorneys

Ken Koenen, LLM Law Office of Ken Koenen

Clearing up your credit will not be easy. You were jointly responsible for the loan obligations for the properties, and that cannot be changed by a divorce decree without agreement from the creditor. You may be able to hold your wife accountable because she did have an agreement with you, but you should check with a bankruptcy attorney to determine if her BK affects her obligations under the divorce decree.

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Answered on 4/02/10, 8:53 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I might add to Mr. Koenen's advice that you should probably check into the current status of each loan and each property securing those loans. That information is available to lawyers who subscribe to certain legal-research data bases (WestLaw for example has such a data base) and, with greater effort, to anyone willing to search public records. The reason for doing so is to identify any loans that could still be eligible for a deficiency judgment after a judicial foreclosure.

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Answered on 4/02/10, 9:53 am

You have let this situation go on way too long without doing anything about it. As the other attorneys have said, you are responsible for those loans as far as the lender is concerned. The divorce court can only order which of you pays the lender, but the divorce court cannot order the lender only to collect from one of you and not the other if the person ordered to pay does not. So the short answer is there is no way to fix your credit, because your credit reports are correct. You didn't pay your bills and you did nothing to force your ex to pay the bills when you should have. Considering that there is a bankruptcy involved, on top of all the problems with your ex not complying with the divorce decree, you have a real mess on your hands that a free question and answer site can't even begin to help you with. You need to "suck it up" as they say and hire an attorney to get this straightened out. Otherwise it is going to just get worse and may put you in bankruptcy yourself.

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Answered on 4/02/10, 10:40 am


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