If a judge orders that i keep the marital house is the finance company obligated to make changes to the deed?

Asked over 2 years ago - Anaheim, CA

I am recently divorced and my ex agreed to walk away from the house instead of paying me spousal support. Since we are both on the deed, is the financing company obligated to follow the judgement or am I obligated to secure financing on my own?

Attorney answers (3)

  1. Richard Forrest Gould-Saltman

    Contributor Level 19


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . The finance company is not "obligated" to do ANYTHING as a result of the judgment between you and your ex. They're not required to prepare any deeds, or to remove his name from the loan. You should speak to an experienced family law attorney NOW, so that you don't run across a serious problem further on down the line by five or ten years, when you try to sell or refinance the house.

  2. Frank Wei-Hong Chen

    Contributor Level 20


    Lawyers agree

    Answered . No. The finance company is not obligated to do anything pursuant to the judgment. If you are able to, you ought to refinance on your own.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
  3. Steven Anderson Leahy


    Contributor Level 17


    Lawyers agree

    Answered . The answer is no. The court does not have the authority to change the terms of your mortgage. The mortgage company can insist on holding you both to the terms of note. You may quit claim the deed into your own name. But that may be in violation of the terms of your mortgage.

    I hope this helps.
    Steven A Leahy

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

25,290 answers this week

2,800 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,290 answers this week

2,800 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary