Legal Question in Family Law in California
My ex and I have been divorced since 2009. We are no longer on speaking terms. Per our divorce decree it states that we were to remove each others names listed on all our joint accounts. Although I have fully complied with this, he has not. My ex still has my name and his listed on his DMV registration as well as the Mortgage account. My first question is this: If either he or someone else drives his car and gets into an accident, can I be held liable for the accident if my ex can't pay since my name is also on the DMV registration? Second question: If my ex defaults on making his house payments can the bank then come after me for the payments since my name is still listed on the account? If so, what legal remedies do I have to make sure that my ex removes my name from both the DMV registration and the Mortgage bank statements as well as any other joint credit card accounts he possibly still kept my name on?
Thank you.
4 Answers from Attorneys
You can let the DMV know that you no longer claim an interest in the car, and that would be advisable. The bigger issue is the mortgage on the house. If he can't qualify, you are stuck. You would be entitled to reimbursement if the loan company came after you, but that is not useful if he has no mOney. You can't force the loan company to take your name off. That is why many end up selling the home, and usually at a low cost to sell it quick. For further information, visit http://www.ellifritzlaw.com
If your agreement allows for either the sale or refinance of the house to get your name off the loan, return to court requesting this relief.
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