Legal Question in Real Estate Law in California
ex wife is not paying mortgage on a house
i need advice on what to do about my boyfriends ex wife who is living in there old house and his name is still on the mortgage but no longer lives there. she isnt paying the mortgage and is affecting both their credits. she has threatend him with letting it go to foreclosure and it now is, he has signed a quit claim deed over to her is there anything that can be done that he can do to fix this?
1 Answer from Attorneys
Re: ex wife is not paying mortgage on a house
When people get divorced, the court issues a final decree dealing with division of their assets and liabilities.
Sometimes the decree is written by the judge after trial, or in a more friendly divorce, the couple may have agreed on their own property settlement and the court merely adopts that as its order. In either case, it is binding and except for mistake or fraud it is final.
Therefore, there is probably a court decree that says who gets the house and who pays the mortgage. The starting point for disputes like this is always to (1) read the decree and find out who's supposed to get what and who's supposed to pay what, and then (2) figure out who is living up to the decree and who isn't.
If it turns out your boyfriend's ex is more to blame than your boyfriend, legal steps can be taken to correct the problem or at least to salvage his credit.
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