So, here’s my situation. I initially divorced my wife in 2021 and agreed to give her the house for $40,000, but she never finished paying. She made some partial payments, but that’s about it. Since then, the house value has nearly doubled, going from around $380K to $680K. We ended up remarrying in 2023, and honestly, I mostly did it to get my house back. She promised to put me on the deed, but she didn’t. After about six months, I left and filed for divorce again. Now, she’s facing foreclosure and can’t keep up with the payments, but I can. I was served foreclosure papers yesterday, even though I don’t think I’m on the deed anymore. Do I have any chance of getting my house back?
If you received foreclosure papers, you might still be on the title. You should check with the county records department. Was there a mortgage on the house? Usually, lenders won’t remove a borrower regardless of circumstances. Given the stakes, you should definitely consult a lawyer. Oh, and don’t go back to your old divorce attorney. A fresh perspective could really help.
What was the deadline for those original payments? I’m guessing you were served foreclosure papers because you’re still on the mortgage, right? You really need to get a lawyer involved for all of this.
Your situation sounds complicated. If you gave up the title but are still financially responsible, then you might have a claim to the appreciation in value since your remarriage. It does sound like this marriage might not have been genuine. A good lawyer could really help represent your interests.
Since you were served with foreclosure papers, you need to figure out if you’re on the mortgage loan. Call the lender and see how far behind the payments are. If you can, maybe inquire about taking out a new mortgage in just your name and offer to buy the house from your ex before it goes into foreclosure.
Wait, are you saying she didn’t finish paying you the 40K for the house? That’s a big deal in this situation. You should definitely clarify that with a lawyer.
I get that this is frustrating. You really should consult a California family attorney. This situation is way too complex for just forum advice. You need someone who can help navigate the legal waters for you.
Doesn’t it matter if you’re on the deed? If you’re still on the mortgage, I think you can include buying her out in the current divorce decree. But the appreciation from the time you remarried to now could be a huge factor.
Yeah, it sounds like you’re in a tough spot. But getting a new mortgage might be a good way to work this out. Just be prepared for the financial implications.