Originally Posted by Oxer
He does indeed still have the house. Truth be told, we only paid 113K for it. Which is probably all it's worth now, with the way the market is. So he might sell the **** thing and only end up giving me $12 bucks out of the deal. Haha!
Well, you need to find out exactly what your position is. Unless you have a signed guarantor release document from the lender, you are still responsible for the debt on the house - just as he is. A divorce court can award the house to whichever party it chooses and make agreements such as the one you have, but it cannot release a person from debt liability - only the lender can do that. Assuming you are still a guarantor on the loan, you should probably obtain a judgment and hang the judgment on the house in the form of a lien. I won't go into the details, but there are multiple reasons why you should probably do this, although I am not familiar with California laws. Honestly, you need to invest a few dollars in a consultation with appropriate counsel. Most importantly, having a judgment on the house gives you control over the sale because you will have to release the judgment before the house can change ownership. By having that control you can insure you don't get shafted...