Petitioner in judgement took draws on home equity loan after judgement

[Tunnelboy777]

What is the name of your state (only U.S. law)? California

My girlfriend has a divorce judgement from several years ago. In that judgement it states that her ex must satisfy the balance on their home equity loan WHEN the house is sold. Here is the text:

Petitioner shall be solely responsible to satisfy the HELOC, with a current balance of $55,068.00. In the event Respondent sells the family residence located at xxxx, California prior to Petitioner completely satisfying the HELOC obligation, then Petitioner shall make arrangements with Respondent to satisfy the outstanding HELOC balance.

Here's what happened. Since this judgment (12-9-11) the ex has draw on the loan and maxed it out without my girlfriends knowledge (bank statements went to him). The balance is now near $200,000. She just sold the house and the HELOC was paid by the sale of the house and closed.

Three questions.

1) Did her lawyer goof on the wording for the HELOC? There is no wording that says he can not draw on the loan although possibly that is implied?
2) "make arrangements to repay". What does that mean? Can ex say he'll give $1 a year until it's paid?
3) What if ex files for bankruptcy? Can this debt be dismissed?

Thanks

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

My girlfriend has a divorce judgement from several years ago. In that judgement it states that her ex must satisfy the balance on their home equity loan WHEN the house is sold. Here is the text:



Here's what happened. Since this judgment (12-9-11) the ex has draw on the loan and maxed it out without my girlfriends knowledge (bank statements went to him). The balance is now near $200,000. She just sold the house and the HELOC was paid by the sale of the house and closed.

Three questions.

1) Did her lawyer goof on the wording for the HELOC? There is no wording that says he can not draw on the loan although possibly that is implied?
2) "make arrangements to repay". What does that mean? Can ex say he'll give $1 a year until it's paid?
3) What if ex files for bankruptcy? Can this debt be dismissed?

Thanks

This is legally not your business. Your girlfriend needs to get an attorney to go over the entire judgment with her and determine what she can do. Why didn't your girlfriend close down the HELOC? What you believe this says however is NOT what it says.

 

[Tunnelboy777]

Well there are a lot of "would have, could have, should haves" in this situation, but this was a woman who had been married for many years and never dealt with finances. The ex had statements going directly to him.

She IS still involved with the same divorce attorney and he claims he is going to file a motion about it. My main question was whether this divorce attorney SHOULD HAVE worded the HELOC clause a little differently or whether this is standard wording?

 

[Ohiogal]

Well there are a lot of "would have, could have, should haves" in this situation, but this was a woman who had been married for many years and never dealt with finances. The ex had statements going directly to him.

She IS still involved with the same divorce attorney and he claims he is going to file a motion about it. My main question was whether this divorce attorney SHOULD HAVE worded the HELOC clause a little differently or whether this is standard wording?

No such thing as STANDARD wording. And much of it is based upon the entirety of the document and whether this was an agreement or an order. Again, still not your business.