Me and my wife is going thru divorce. I left our house more than a year ago and told her she needs to pay for the mortgage and her mom. As I have my own rent to pay. The mortgage is under my name and my mother in law. They defaulted on the payments for 11 months. In between, my mother in law filed bk7 who's already discharged. I ask them to leave the house before they defaulted on the payments. But they refused. Now my credit is bad and possibly paying for any deficiency, as the house is on forclosure. Do I have a case to sue them? Or any case I can go against my wife (divorce case)
1 Answer from Attorneys
California is an anti-deficiency state meaning if they foreclose in a nonjudicial sale such as trustee there won't be any deficiency. The house is your responsibility with the other co0signer and the two of you absent a contract do not have a case.