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Real Estate/Marital Settlement Agreement

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KatYoung

Member
I am in California.

I had a 24 year marriage. In our Marital Settlement Judgement- I agreed to giving my ex 5 years to refinance our primary residence. Both our names was on the mortgage loan at the time of divorce. He has lived in it and I agreed to let him make payments ....he agreed to be responsible for all expenses associated with the property and has also had the tax and income benefits from it. Our 5 year agreement was up on Feb. 26, 2019. My ex was unable to qualify for a loan assumption or a refinance in the 5 years. I filed a motion one year prior to the termination date of our agreement to ask the courts to enforce an immediate sale. At that hearing, he argued that because I did not sign over the title to him that it was causing a hang up in his ability to qualify for a morgtage loan himself. The judge ordered me to sign the title over to him immediately- which I did. That year came and gone- and he was still unable to qualify (it was all a stalling tactic if you ask me). Since, he was required to put it up for sale while he still lives in it and pays on the morgtage. We are coming up on 6 years now since our divorce. Is there anything I can do to force him out of the house....he has had it listed at an obnoxious and unrealistic price. I told the courts that it was over priced- the judge instructed me that I could pay for an appraisal from a list of 3 appraisers that my ex would give me. I did promptly. The appraisal came in $300,000 under his listed market price. He as reduced it to $1,479,000.00 but has not lowered it any further. I feel that the court is not doing anything to move this along. I need my name off of that mortgage- it is a $1.2 million dollar jumbo loan. With my name on that- it puts my income to debt ratio thru the roof and my credit score is affected also by the debt I acquired and have not had the capability to pay down or on since 2013....so I also have huge delinquencies on my credit....I do not own a credit card, I cannot qualify for a loan, and have no fall back on any financial credit. What can I do to get him out of the property and the loan out of my name....he is moving very slow on moving this along.
 


adjusterjack

Senior Member
I agreed to giving my ex 5 years to refinance our primary residence
That was your first mistake. Should have had the house ordered sold as part of the decree.

At that hearing, he argued that because I did not sign over the title to him that it was causing a hang up in his ability to qualify for a morgtage loan himself.
That was BS. He could have qualified with you signing over the deed when the loan funded. It's done every day. It's too bad the judge fell for it. I'm wondering if you did not have an attorney for your divorce and the subsequent proceedings.

If not, I suggest you get one now.
 

KatYoung

Member
That was your first mistake. Should have had the house ordered sold as part of the decree.



That was BS. He could have qualified with you signing over the deed when the loan funded. It's done every day. It's too bad the judge fell for it. I'm wondering if you did not have an attorney for your divorce and the subsequent proceedings.

If not, I suggest you get one now.
I am now on my second attorney. I have innocently watched my ex graciously manipulate the courts with his stories. I pushed for the properties to be sold immediately at the time of divorce. But my attorney did not fight for me...she told me no judge would make that happen. :( I did not understand why- as they were at a zero value. I have little faith in attorneys or the judge who is hearing our case. Our next hearing is set for Nov. 16, 2019. The appraisal I was ordered to pay for to prove he has it sitting on the market and over priced was ignored by his attorney. And meanwhile- they still have not provided proof documentation or official updates on the market activity and the formal offer that what received. My attorney is telling me that if I cannot get the actual appraiser who did the appraisal to testify at this next hearing that she feels it will have little influence in the case. If I was your client, what kind of strategy or approach would you be taking to ensure that the judge applies some sort of control dates and actions on this to get the property dissolved and out of my name?
 

Zigner

Senior Member, Non-Attorney
I am now on my second attorney. I have innocently watched my ex graciously manipulate the courts with his stories. I pushed for the properties to be sold immediately at the time of divorce. But my attorney did not fight for me...she told me no judge would make that happen. I did not understand why- as they were at a zero value. I have little faith in attorneys or the judge who is hearing our case. Our next hearing is set for Nov. 16, 2019. The appraisal I was ordered to pay for to prove he has it sitting on the market and over priced was ignored by his attorney. And meanwhile- they still have not provided proof documentation or official updates on the market activity and the formal offer that what received. My attorney is telling me that if I cannot get the actual appraiser who did the appraisal to testify at this next hearing that she feels it will have little influence in the case. If I was your client, what kind of strategy or approach would you be taking to ensure that the judge applies some sort of control dates and actions on this to get the property dissolved and out of my name?
You are represented - if you are not satisfied with your current lawyer, then find a new one.

On a side note - perhaps you ought to hire your own appraiser...
 

KatYoung

Member
You are represented - if you are not satisfied with your current lawyer, then find a new one.

On a side note - perhaps you ought to hire your own appraiser...
okay. I am satisfied with my attorney...it is the reality of the legal process, the court system that seems to let these subtle behaviors intended to manipulate to get what they want to win...I do not know how to get past that. I do not know what my own appraiser will prove that already hasn't been proven by the one he chose and I paid for?
 

Litigator22

Active Member
I am in California.

I had a 24 year marriage. In our Marital Settlement Judgement- I agreed to giving my ex 5 years to refinance our primary residence. Both our names was on the mortgage loan at the time of divorce. He has lived in it and I agreed to let him make payments ....he agreed to be responsible for all expenses associated with the property and has also had the tax and income benefits from it. Our 5 year agreement was up on Feb. 26, 2019. My ex was unable to qualify for a loan assumption or a refinance in the 5 years. I filed a motion one year prior to the termination date of our agreement to ask the courts to enforce an immediate sale. At that hearing, he argued that because I did not sign over the title to him that it was causing a hang up in his ability to qualify for a morgtage loan himself. The judge ordered me to sign the title over to him immediately- which I did. That year came and gone- and he was still unable to qualify (it was all a stalling tactic if you ask me). Since, he was required to put it up for sale while he still lives in it and pays on the morgtage. We are coming up on 6 years now since our divorce. Is there anything I can do to force him out of the house....he has had it listed at an obnoxious and unrealistic price. I told the courts that it was over priced- the judge instructed me that I could pay for an appraisal from a list of 3 appraisers that my ex would give me. I did promptly. The appraisal came in $300,000 under his listed market price. He as reduced it to $1,479,000.00 but has not lowered it any further. I feel that the court is not doing anything to move this along. I need my name off of that mortgage- it is a $1.2 million dollar jumbo loan. With my name on that- it puts my income to debt ratio thru the roof and my credit score is affected also by the debt I acquired and have not had the capability to pay down or on since 2013....so I also have huge delinquencies on my credit....I do not own a credit card, I cannot qualify for a loan, and have no fall back on any financial credit. What can I do to get him out of the property and the loan out of my name....he is moving very slow on moving this along.
Your "thumb-sitting", ''permanently-out-to-lunch", "take-the-money-and-run" lawyers have created a miserable mess. Both of them!

First, with you sitting on that huge powder keg and apparently having waived any equity in the home your lawyer should at the outset have insisted on the entry of an order (interlocutory if needed) directing that the home be listed and sold on the open market. With the court to retain jurisdiction and to periodically review the status of the order and implement as deemed advisable. And if necessary to carry out the order that a Receiver be appointed.

(Agreeing that he should have as much as 5 years within which - at his leisure to apply and obtain a refinance and get you off the loan was insane from your standpoint. Why 5 years? Why not 6, 7, 8 years or more? What was magical about the number "5"?)
______________________________

Secondly it was shear foolishness for you to have deeded your vested 50% ownership interest in the property. This illogical garbage about it being necessary to remove an obstacle to his obtaining a refinance is pure self-serving poppycock. If and when that blessed event should ever arise a quitclaim deed held subject to the closing of a loan would be sufficient. Why did it suddenly become a hindrance? Why did it suddenly surface after so many years? If so critical why did he wait all these years to raise the issue and then only after being prodded with your motion?

And why were you alone stuck with the appraisal fee? Did your lawyer explain why not both parties bearing the cost? Did he argue for it or just fall over dead as seems to be his habit?

So, what now? To prevent more of the same foot dragging you need to hire a competent attorney to petition the court for the appointment of a Receiver. All in accordance with Chapter 5 of the California Code of Civil Procedure. *

_______________________________________

[*] CCCP Section 564 (Receiverships)

(b) A receiver may be appointed by the court in which an action or proceeding is pending, or by a judge thereof, in the following cases:

(3) After judgment, to carry the judgment into effect.

(4) After judgment, to dispose of the property according to the judgment . . .

(9) In all other cases where necessary to preserve the property or rights of any party. (Emphasis added)

See also: In re Marriage of Economou (1990) 224 Cal.App.3d 1466 " The appointment of a receiver rests largely in the discretion of the trial court, and its action in appointing a receiver will not be disturbed by an appellate court in the absence of a showing of abuse of discretion". And cases cited.

This link on the subject of receiverships in your state may be of some interest:

 

not2cleverRed

Obvious Observer
....

Secondly it was shear foolishness for you to have deeded your vested 50% ownership interest in the property. This illogical garbage about it being necessary to remove an obstacle to his obtaining a refinance is pure self-serving poppycock. If and when that blessed event should ever arise a quitclaim deed held subject to the closing of a loan would be sufficient. Why did it suddenly become a hindrance? Why did it suddenly surface after so many years? If so critical why did he wait all these years to raise the issue and then only after being prodded with your motion?

And why were you alone stuck with the appraisal fee? Did your lawyer explain why not both parties bearing the cost? Did he argue for it or just fall over dead as seems to be his habit?

So, what now? To prevent more of the same foot dragging you need to hire a competent attorney to petition the court for the appointment of a Receiver. All in accordance with Chapter 5 of the California Code of Civil Procedure. *
Pardon me, but was she supposed to defy the judge's order?!

She went before the judge after 4 years of waiting, and the judge ordered that she sign over the title.
 

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