Legal Question in Family Law in California

How can I get my x-husband to sell or buy me out of the home he & I own? I signed a promissory letter stating that I would be responsible for half of the mortgage. It has already been 15 months since I have moved out.


Asked on 8/25/10, 9:56 am

1 Answer from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Getting your ex to buy out your interest in your home is a matter of how the title is held. You indicated that you signed the promissory note, but you did not say whether you are on the title. If you are, then you can either get an order from the family law court, or you can force your husband to sell the home, with an action in the Superior Court.

Have an attorney check the status of your marital dissolution and the title to determine which option is required.

There is an important fact missing from your question. What does the judgment in your marital dissolution say? Who gets the house? Who pays the loan?

It appears that the best thing you can do is show an attorney your marital dissolution file and your title documents, regarding your home. If you don't have either of the files, your attorney can get them from the court and the County Recorder. Of course, you can probably save some money, if you get the records, yourself.

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Answered on 8/30/10, 10:11 am


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