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In the property settlement of our divorce my ex-husband got the house in OR (we were CA residents)

Long Beach, CA |

He has never had me sign a quit claim or refinanced it to get my name off so as far as I know I still show on title and loan after 4 years. Is there any way to get the settlement overturned so that I am still the owner of half the house? Because this is still showing up on my credit report can I claim it as an asset and can I claim the interest on my taxes? Can a lien be put against it for a judgement against me?

Attorney Answers 2


If the property settlement agreement provided that your ex had to refinance to remove your name from the mortgage, then you should go back to court to enforce the terms of your judgment. If he cannot refi, you could ask the court to order that the property be sold.

If the property settlement agreement did not address the mortgage, you should call your divorce attorney to ask why.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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I dont have an attorney...which is part of the problem. The settlement didn't address the mortgage at all or refinancing or anything and it is helping my credit at this point. But he also hasn't complied with payment of certain bills that he was ordered to so those had a negative effect on my credit too. I got the short end of the stick in the settlement but I had no one to advise me. It was a 12 year marriage and his attorney told me I could only get 3 years of spousal support....just wondering if there is any way I can go back and have it overturned and get half the house in Oregon.. my parents put the downpayment on it too.. is there any way to have a settlement changed this late?

Michael T Millar

Michael T Millar


As a general rule, absent fraud, it is very difficult to undo a settlement agreement. However, you should speak to a family law attorney in the jurisdiction where the divorce was granted.


If the settlement agreement was signed delivered and partly performed you should honor it until you get the court to revise it. That is hard to do=click find a lawyer and good luck. Better to ask you ex to carry through on the title change or you will move to change the agreement on an equitable basis- it is on your credit report etc. If a lien is put on it--laugh

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