Ex Husband Used My Portion Of Home Sale Proceeds To Pay Off A Bridge Loan That Is In His Name Only.

Location: Central California

I’ll try to just explain this as easily as possible, because I need to know whether this was legal and I just have to take it… or if I got absolutely screwed.

Ex husband and I agreed to sell the marital home as part of our divorce settlement. We were both on title to the home and there is no pre nuptial or post nuptial agreement. It is recognized as community property after verifying this through forensic accounting. By default, the home sale proceeds are to be split 50/50 in California.

The ex husband takes out a bridge loan because he wants to get into a condo before the marital home sells. This loan is in his name only and not mine. It is a loan for 325k.

Our home sells and the total proceeds are 495k. The title company has an agreement notarized that says we will split this 50/50. This leaves approximately 247,500 for each person.

All of a sudden him and his attorney “suddenly realize” that they immediately have to pay back the loan when he closes on a condo in a neighboring town. I tell him to use his retirement to pay it off and he refuses, stating it will cause tax penalties.

He used 325k off the top of the 495k sale to pay it off behind my back. I feel strongly that his attorney twisted someone’s arm to let him do this and to let the loan company take off the top of the house sale without me stating I was fine with it. I never specifically agreed to him paying it off this way.

I ended up with a measly 81k from this sale from what was leftover to split. That’s it.

I feel strongly that he should have to cough up 166500 to pay me what I was supposed to be rightfully awarded. I feel like I got taken for a ride. His attorney is trying very hard to stall or avoid this issue, most likely at my ex’s demands to do so. He was incredibly abusive financially throughout our marriage.