Legal Question in Credit and Debt Law in Texas

In my divorce settlement, I gave up all equity in the house and it was awarded to her along with the remaining obligation to the mortgage company. She not making payments so the mortgage company is harassing me and saying that I am still obligated to pay them. I keep tell them that the court has ordered her to pay. They respond with �I don�t care, if she doesn�t pay you have to�. What can I do to get them off my back?


Asked on 8/26/10, 1:20 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

What the mortgage company is telling you (that you're still on the hook for the payments) is probably true.

A court can "award" a debt to one party, but that doesn't affect the rights of the creditor (who isn't a party to the divorce). If the creditor still has two signatures on his promissory note, he can sue either or both parties, regardless of what the divorce decree says.

Your simplest solution may be, when the creditor calls, to tell him that you aren't going to pay the debt. If he keeps talking, hang up the phone. If he calls back, do the same thing.

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Answered on 8/31/10, 3:29 pm


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