Q: divorce by default in 2008, no division of assets, he modified the loan after i quit claimed 2-3 yr. deed in both names.
In the state of California..... Community Property.....my ex-husband refused to respond to our divorce papers. He refused to divide the assets. I made numerous attempts. He was in default and the only way to save the home was to sign a quit claim. he was able to qualify for a modification to the loan. that quit claim had an expiration date which has passed. Both names are on the deed of trust for the property. He has no means to buy me out, and refuses to sell the home. Do I need the judge to divide the assets, so we become tenants in common, or can I just sell my half of the house?
A: If you're involved in a divorce suit, you'll need court approval of all division of property and assets, including the ability to sell the house. There are automatic temporary restraining orders on selling property that are issued when divorces are filed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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