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  1. #1
    Join Date
    Nov 2013
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    1

    Default Amending a California Divorce

    My question involves a marriage in the state of: California.

    My ex wife and I have been divorced for about 5 years. We have a home together and in our divorce it states that she has one year to look into getting my name off of the home loan. She never actually did get my name off of the loan and I was ok with that because that home gave our daughter a stable place to live. (to get me off the loan her only option would be to sell) Now years later I am remarried and that loan is effecting my ability to purchase a new home with my current wife.

    I am not looking to force to sell the home I merely wanted to know if it was possible to amend the divorce stating that she is solely responsible for the home loan payments.


    Thank you for any help

  2. #2
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Amending a California Divorce

    Quote Quoting teecee
    View Post
    My question involves a marriage in the state of: California.

    My ex wife and I have been divorced for about 5 years. We have a home together and in our divorce it states that she has one year to look into getting my name off of the home loan. She never actually did get my name off of the loan and I was ok with that because that home gave our daughter a stable place to live. (to get me off the loan her only option would be to sell) Now years later I am remarried and that loan is effecting my ability to purchase a new home with my current wife.

    I am not looking to force to sell the home I merely wanted to know if it was possible to amend the divorce stating that she is solely responsible for the home loan payments.


    Thank you for any help
    I would assume she already is "responsible" for the payments. The problem is the bank believes you are responsible as well. You are still on the loan and are legally responsible for it. The court may order the ex-wife to pay. If she does not, then your credit is ruined and the bank can go after you for payment.

    You must have the ex refinance the loan in her own name. It should not have taken this long to do so and I hope the house is not upside down and ex-wife's credit and cash flow is good enough. The court cannot just remove your name from the loan. If a refinance is not possible, then your only recourse is to force the sale of the house to get what you want.

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