I mistakenly allowed my divorce judgement to be a default one. In that my Ex was awarded house that was financed only in my name. I signed Interspousal Grant Deed. Now She has defaulted on the loan and it's killing my credit. How do I get my ownership rights reinstated so I can save my credit and my house?
Whether or not you can get the default set aside depends on when it was. But you can pay the mortgage in any case. This sort of situation happens in many divorces. A house awarded to one spouse is still encumbered by a joint mortgage.
The only way to work things out is... to work... together.
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I agree with Ms. Straus additional facts are needed to determine if the default can be set aside. When was the default taken? I recommend that you consult with an attorney regarding this matter.
Best of Luck!
Please be advised that this answer in no way constitutes legal advice, and is only intended to guide you in determining an appropriate direction for individualized legal consultation and/or representation. This answer should not be relied on, as each legal matter, and the appropriate course of action, is entirely dependent on the specific facts of your particular case. You are encouraged to seek the advice and guidance of a respected and experienced attorney practicing in your community to assist you. Please be advised that this answer does not create an attorney-client relationship and these communications are neither privileged nor confidential.
The correct way to do this would be to file a motion under CCP 473 but it is probably way too late for that. But you can still file a motion to have her indemnify you and seek an order to have the house sold to pay off creditors but you will still need to file a first appearance fee in this matter. Suggest you retain an attorney on this as the remedy needed will depend on a lot of other factors that might make this difficult for a Pro Per.
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