Downey, CA asked in Family Law and Real Estate Law for California

Q: My "ex" is requesting to take me off the deed of the house we bought during our marriage, can I ask to be taken off loan

we bought the house during our marriage from my father. He had gifted both of us the allowable amount he could in order to get this house. I was not present on the date of our divorce so, the house was granted to her, which was fine since she has the kids. I don't know why the courts didn't order dissolution of the house at the time of divorce, because deed and loan are in both our names. My question is, can I request from the courts to be lifted off the loan, since I will no longer have an interest in the house/Deed?

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1 Lawyer Answer
James Joseph Falcone
James Joseph Falcone
PREMIUM
Answered
  • Sacramento, CA
  • Licensed in California

A: The Court cannot require the lender to remove you from the loan. You may have to seek an alternative -have her refinance the property would be best if she could qualify for the loan. Ultimately, you might need to ask the court to order the property sold and the loan paid off, otherwise you will be on the hook for the debt until paid.

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