My question involves a marriage in the state of: California
This question is for a friend. She is going through a divorce. She has a prenuptial with husband. It states THEY are to split the expenses of home 50/50. Since marriage started "HE" has paid nothing to help her with her expenses. Husband forged her signature on loan documents to buy an "AS-IS" house. Now, House is 80k underwater. He was kicked out and a restraining order is in place.
She is a nurse and a bad mark on her credit or a poor credit rating will prevent her from acquiring a job. A couple of months ago the first judge ruled the house to be sold STANDARD SALE, as both are capable of covering the deficit. 2 years into divorce and Husband has 3rd attorney. Last week a new judge said she doesn't know that it would be fair and basically invalidated the 1st judges order/ruling.
Now she [my friend] is looking at possibly losing the house and having to cover the 80k deficit all by herself. How can THAT be fair? Does the 2nd judge have the authority to invalidate the 1st judges order. Doesn't that have to go up to an appellate court to have the first judges order overturned?
Does anyone know of similar court cases. Is there case law similar to this that can be referred to as precedence?
The house was bought with a HIS VA loan guarantee. She has made all the payments (mortgage, upkeep) so the mortgage is current and does not qualify for a short sale. If the payments were to go into default, he'd lose his VA loan guarantee and could possibly sue HER because of it, yet he will not sign over the house and wants to do a short sale. This will damage their credit rating, but he does not care.
She would like to stay in the house as the expense of moving is extreme.
The point that I keep looking at is that HE has not PAID ANYTHING to help her.
Prenuptial says no support payments in the event of divorce, but they are not divorced YET, and he signed her name to the loan documents, and the prenuptial states they are to pay 50/50 on everything.
He is trying to run out the clock, take status and then declare bankruptcy.
Any help with this would be appreciated.