Take the House

[Naive Today, Wise Tomrrow]

california
husband still won't grant divorce. separated now 12-years. just applied for a car loan and the house (in both of our names) is showing against my credit. this is causing problems as i state on the application forms that i am renting (apartment) and my credit report shows a mortgage payment.

i don't want him the house or anything for that matter, didn't want it then still don't want it now. i am told that my options are 1-have him refinance under his own name or 2-buy my half out.

how do i get out of this with no problems? in other words, i want to give up the house - walk away empty handed (the only thing purchased by the two of us) and get my divorce over and done with, and resolve the credit report issues. i want nothing. i realize the value of the house now if it were sold, but still just want out.

no children involved - H E L P ! ! !

 

[I AM ALWAYS LIABLE]

My response:

What do you mean by "husband won't grant divorce" ?

IAAL

 

[Naive Today, Wise Tomrrow]

have submitted form to him twice (via paralegals) in the past, and he won't sign. never responds.

i have recently been told over the past couple of days, that i do not need for him to sign anything. is this true?? i can now file without his cooperation??

 

[I AM ALWAYS LIABLE]

have submitted form to him twice (via paralegals) in the past, and he won't sign. never responds.

i have recently been told over the past couple of days, that i do not need for him to sign anything. is this true?? i can now file without his cooperation??

My response:

That's correct. You don't need him to agree to a divorce, or to sign anything. California is a "No-Fault" Dissolution of Marriage State. You can file, have him personally served with the papers, and when he doesn't respond after 30 days, you can take his "Default". Then, 6 months from the date he was originally served with the Petition, you can then file a Request for Entry of Judgment of Dissolution. The judge will sign it, and voila ! You're divorced.

IAAL

 

[Naive Today, Wise Tomrrow]

with very much appreciation, thank you. i will research this option and get things completed.

thanks again -