QUESTION
what can I do if my ex-spouse does not hold up their end of the divorce decree/division of property?
Asked on Aug 16th, 2013 on Divorce - California
More details to this question:
Our division of property states that my ex-spouse got the house.( which I was the primary on that home loan.) And was to change title on the home and take me off completely. My ex spouse did not do that and let the house foreclose. I just found out about all of this I printed my credit report and it has dropped drasticely .
1 ANSWER
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The way a mortgage works (or any loan) is that the person(s) who is on the title and/or loan cannot be removed unless the house is sold or refinanced.
You should have checked with the mortgage company regarding this before the house went into foreclosure as you would have known that your ex was not selling or refinancing the home. Once you knew this, you could have gone to the court to force a sale of the home.
However, now that the house is in foreclosure, you may have no other recourse. You may wish to speak with a real estate attorney to determine if anything else can be done.
Answered on Aug 16th, 2013 at 3:32 PM