Legal Question in Family Law in California

Ex wife still on 2nd mortgage

My husband's ex-wife is still on the 2nd mortgage for his rental property; however, she has quit claimed off title. We have since purchased and are living in a new house. If there is nothing in the marital settlement agreement from 2006 stating that he was supposed to have refinanced the 2nd to remove her, can she now come back and take legal action to force him to refinance or pay it off? The rental property currently has insufficient equity to refinance, so I am concerned that she may try to go after our joint assets (which include a fair amount of equity on our new home) to force us to pay off the loan on the rental property.

Asked on 11/05/08, 2:41 pm

1 Answer from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Ex wife still on 2nd mortgage

There is nothing to stop her from seeking that relief, but I believe your husband has the better position.

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Answered on 11/05/08, 3:35 pm

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