divorce court issued the heloc his responsibility, and primary residence mine. I do not want to lose my home.
Did you two refinance the home so that only his name would be on the loan? If not, then you may have to file a cross-claim against him seeking indemnification if a lender sues you for a deficiency claim, see: http://www.nolo.com/legal-encyclopedia/deficiency-judgments-after-foreclosure-california.html. Otherwise, if you lose the home via foreclosure, and you're living there (and he's not), then you may have cause for a negligence suit against him. At least, you may be able to sue him for contempt of court order for not making the payments. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
