Legal Question in Real Estate Law in California

Can I be forced to stay on a mortgage loan if the property was awarded to my spouse as his sole and separate property. I'm only asking because he has failed to pay the mortgage and it's negatively affecting my credit.


Asked on 8/08/13, 9:17 am

1 Answer from Attorneys

You took out the loan with him. That makes you legally responsible for it until it is refinanced or paid off. The divorce does not, and the divorce court cannot change that. It was a BIG mistake to let him have the house without part of the judgment requiring him to refinance in his own name alone. Hopefully your judgement at least has an order that he pay the mortgage on time. If so, you can go into the court where you got your divorce and ask that he be held in contempt of court for not making the payments. If you don't have that in your judgement either, you and your credit are at the mercy of your ex.

Read more
Answered on 8/08/13, 11:42 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California