QUESTION
How can I save my home from foreclosure during divorce?
Asked on Jul 22nd, 2013 on Foreclosures - California
More details to this question:
I can't get my estranged husband to cooperate on saving our property from foreclosure. I am living in the home and am trying to work with mortgage company on a loan modification. They want his name off the deed but he doesn't want to do that or work with mortgage company at all. Any suggestions? I have another hearing on Wednesday July 24, 2013.
3 ANSWERS
1 Award
You will need your family law attorney to work with his attorney, if he has one. If not, or if your ex's attorney is not being cooperative, you will need to ask the court for an order to remove his name from the deed. It is a complicated process, but an attorney in your area should be able to assist you in getting that done.
Answered on Jul 24th, 2013 at 12:25 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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You can file a Motion with the court to compel him to cooperate. A judge may or may not award that.
Answered on Jul 24th, 2013 at 12:22 AM
The Family Court has the power to award the house to you as part of the dissolution judgment. But you would have to either buy out your husband's half interest or give him equivalent value in other community assets.
Answered on Jul 23rd, 2013 at 1:16 PM