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Marital home was not covered under settlement, now payment from National Mortgage Settlement

Ventura, CA |

Ex filed for divorce 2006, stayed in marital home until 2007 and then moved out - Did not contribute to the home or its expenses from that point forward; I rented out the home 2007-2009, marriage bifurcated 2009, finally settled on assets etc 2010. House was foreclosed on in late 2009, and so was not listed in the divorce settlement. I recently applied for and received check for the national mortgage settlement act, now ex says she is entitled to half since her name was technically on the mortgage? The federal settlement is specifically for borrowers who lost their home to foreclosure between Jan. 1, 2008 and Dec. 31, 2011. Ex did not reside in the home, did not make payments toward the home mortgage or its repairs, etc. No contribution. Is she entitled to half the check?

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Attorney answers 3


It matters not who resided in the home but who owned the home. If the foreclosure and refund happened during the time that the home was owned by both parties, then she has a CP interest in the refund. There might be credits or reimbursements owed but there aren't enough facts to determine this. Seek legal counsel. If the refund wasn't that large, say a couple thousand dollars, then it might be more financially sound just to split it with her then to pay the litigation costs of the refund check.


Seek legal counsel, it is likely that Mr. Benton is correct. You continued living in the house and those payment would likely be in consideration of fair rental.

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If the property was jointly owned and not resolved by the divorce settlement, you will need the court to decide how to resolve the issue if you cannot reach a written agreement. Are the proceeds sufficient to justify a fight and the expense of a motion in court, probably with an attorney. There are issues involved in the court's decision that include fair market rental credit against the person who occupied the house post separation, credit for maintenance expenses and mortgage/insurance/tax payments. I suggest discussing these issues with an attorney in person to review the documents.

The comments made here are meant to direct you to receive local consultation from an attorney in your area and ask proper, detailed questions to get the best legal advice upon which you can take appropriate action.

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