Hawthorne, CA asked in Divorce and Real Estate Law for California

Q: Can I compel my ex-husband to remove my name from the loan of the property we owned? I quit claimed the home to him.

We divorced in 2011 and my name still appears on the loan. In addition to the quit claim, we have a specific stipulation in our divorce papers stating that the property is his and I am free of any responsibility. With a $750,000 property on my credit, I am unable to buy anything on my own as my income is not enough to carry another mortgage.

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Redlands, CA
  • Licensed in California

A: You're in the most unfortunate of situations. Without being on title, you won't be able to force him to sell or refinance. The only way you can force him to refinance would be if there was a requirement in the divorce property settlement.

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