Legal Question in Family Law in California

I am trying to do a cash out refinance on my home that I was awarded in the divorce. Now in escrow I find out my ex has a lien on the house because the deed transfer was not recorded before the lien was attached. What are my options aside from taking on this debt myself?


Asked on 12/13/10, 10:54 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

This answer should not be constued as a replacement to the advice provided by a qualified family law attorney during an office consultation.

If ths debt was omitted and not divided in your marital judgment, then a return to court on a motion to divide an omitted liability would be the correct approach or possibly a motion to set aside the agreement concerning the division of the house and its liability. It is crucial to consult with an attorney to discuss the proper approach to take to ensure the correct method to return to court.

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Answered on 12/20/10, 9:56 am
Gary R. White Burton & White

You need to consult with an attorney, who will review all relevant documents before answering your questions.

This answer is not intended to create, nor does it create an attorney-client relationship. The answer is provided for education purposes only and is not to be considered legal advice. The answer is based upon the facts provided in asking the question. Additional or different facts could change the answer. An attorney should be consulted to obtain legal advice in order for you to understand your legal rights.

If you would like to obtain legal advice about your situation, I am available to consult with you at your convenience. The initial consultation (30 minutes) is free. If you would like my assistance, please contact me at 916 925-6005.

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Answered on 12/20/10, 10:49 am


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