Ask a Lawyer
Ask a Question

Posted Feb 6th, 2012
i lost my house in divorce, name is no longer on it but still on loan, ex wife is 5 month behind on
payments what are my options



Legal Topic Area: Family Law in CA

Generally, when one party is awarded the residence in a dissolution and is also awarded the debt (mortgage) that goes along with it, the Judgment, if properly prepared, will have a "defend and indemnity" clause to prevent situations such as yours. If the responsible party fails to pay and the lend comes after you, then you can turn around and go after the responsible party to recover what you may have had to pay out together with any associated costs. Also, if you were to get sued on the loan, the other party is obligated to pay the cost of your defense of the lawsuit (assuming you have the proper clause in your judgment).

The foregoing is general in nature and should not be construed as legal advice.


Answered on Feb 8th, 2012 at 4:44pm