Legal Question in Family Law in California
Removal from Mortgage
How do I get removed from the liability of a mortgage with my ex spouse? In our divorce I was ordered to quit claim over my interest in our home to her which I did 5 years ago. She was ordered to hold harmless me from the libility of the loan. Well in 5 years she hasn't refinanced the home in her own name so I am still liable for the loan for the house she lives in and I have no interest in. Is there any way to file a document with the court to have them force her to either sell or refinance? I am unable to move forward with my new spouse in purchasing homes or obtaining credit since my credit reports all show me liable for her loan.
1 Answer from Attorneys
Re: Removal from Mortgage
Probably not. They counted on you and she for loan. However, you may likely use the divorce decree and order, ie she pay mortgage and hold you harmless, to move on. Until she sells or refinances, you are likely stuck.
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