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?

Related Topics:
1 Lawyer Answer
James Joseph Falcone
James Joseph Falcone
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.