California  |  Real Estate Law

Legal Question

Asked on: 8/12/13, 10:39 am

My ex-husband was awarded the family home as his sole and separate property by a Sacramento Family Law Court judge. What the judge did not do is order him to assume the loan/refinance the home into his own name. Can I file an order to show cause to ask the judge to order that my ex-husband assume the loan immediately and be required to keep the mortgage current until my name is taken off the title and loan? My ex-husband is now 2 months behind on the mortgage payment.

1 Answer

Answered on: 8/12/13, 12:23 pm by Timothy McCormick

That will depend on what the judgment DID say about the mortgage. You need to get your paperwork in front of a qualified family law attorney to sort this out and find out your options. You cannot get a realistic answer over the internet to a question that depends on review of the existing documents.

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