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Do We Have To Modify The Decree If We Cannot Sell The House?


While you do not have to modify the divorce judgment if you decide not to sell the house, it would be a good idea to enter into a stipulation and file it with the court. Absent a written stipulation the other party could enforce the judgment in any time.

How Do I Get My Name Off The Mortgage?

There are only two ways to get your name off the mortgage that’s guaranteed; first is to pay off the mortgage, this can be done either by paying the note in full or paying the note in full upon sale, the second is to file bankruptcy and have the debt discharged. Some lenders after period of time, will allow one of the parties to be removed from the mortgage. Most lenders refuse to modify the contract in any way.

How And When Can I Remove The Other Party’s Name From The Mortgage Deed?

Removing the other party’s name from the mortgage will happen upon refinance of the mortgage. Removing them from the deed is not done by an act of removing them, it is done by an act of them granting their interest in the property to you. If there is a court order for the other party to sign a deed transferring the property to you, and the other party refuses, you may obtain a court order and have the clerk of the court sign in their stead. This would then be recorded with the County recorder, the order allowing the clerk to sign as well as the deed.

Will I Be Liable If The Other Side Doesn’t Pay The Mortgage?

If you sign the contract with the lender, you are liable until that contract is fulfilled. Just because there’s a court order awarding the other party the house and stating they must pay the mortgage, that does not modify your agreement with the mortgage lender in the contract that you signed known as the note. Your recourse is to go after your ex-spouse has nothing to do with the lender.

Can A Divorce Settlement Be Set Aside?

Can the divorce settlement be set aside? A divorce judgment can be set aside, either by stipulation or by court order. For what reasons? The reasons for setting aside a divorce judgment or custody order are fraud, mistake, excusable neglect.

Can A Custody Order Be Appealed?

A custody order may be appealed however, it may not make sense to appeal a custody order when you’re in a county like Sacramento which will allow you to review custody every six months. It will take you longer than six months you have an appeal heard in custody could be modified prior to hearing of the appeal which would cause the appeal to be dismissed as moot.

Can A Custody Order Or Divorce Judgment Be Modified?

A custody order or divorce judgment can be modified at any time by the stipulation of the parties or upon the court finding good cause. Custody orders sometimes get modified every six months.

How Do I Struggle The Proposed Modification To The Judgment?

If there’s proposed modifications which you disagree with you must state your reasons with clarity while you disagree and why the original judgment should stand. The party seeking a modification has the burden of proof as well as the burden of persuasion to show why it should be modified.

Will The Other Party Have To Comply With A Divorce Or Custody Agreement?

Yes, once entered as a court order or judgment the other party must comply with the such orders or they are in contempt of court.

What If The Other Side Doesn’t Comply With The Terms Of Judgment?

There are several ways to enforce a judgment, there are ways to enforce money judgments with writs of execution writs of sale and there’s also seeking an order finding the party in contempt of court and having the court enforce the order.

Can I Make My Spouse Move Out After A Divorce?

Yes, you can have him move out after the divorce if that’s what your judgment says. You can actually have this happen earlier by gaining exclusive use and possession of the home.

How Should We Exchange Property Once The Divorce Decree Has Been Finalized?

You should exchange the property peaceably, if you do not get along then exchanging property through third parties or with third parties present to keep the peace is always a good idea.

For more information on Modifying A Divorce Decree In California, a consultation is your next best step. Get the information and legal answers you are seeking by calling (916) 915-8866 today.

California Probate Lawyer Peter Cianchetta

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(916) 915-8866

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