Legal Question in Banking Law in California

I am divorced and my ex-husband kept the house. It was stated in the divorce papers that he would do so. Unfortunately, my name is still on the mortgages and per their customer service reps, I'm being told that I am still responsible for the loans. The only way to get off the loan is if he refinance which he doesn't want to do since he's in the red on it. I remember that at one time, a divorced person didn't need to re-fi to get the ex-spouse off the loans. Copy of the divorce decree and quit deed was all that was needed. Please advise as to what I should do.

Thank you.


Asked on 7/15/10, 11:16 am

1 Answer from Attorneys

In the over 20 years that I have been practicing law, it has never been the case that divorcing spouses could get off the mortgage without a refinance. Your divorce judgement should have provide that he was required to refinance. It is possible you could still get a modification to the judgment to require that. You should bring your final divorce paperwork to a Family Law attorney for review and advice as to your options.

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Answered on 7/15/10, 2:35 pm


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