Legal Question in Family Law in Texas

In 2007 I was divorced, My ex-wife was awarded the house and a van in the divorce along with the order that she was to not allow anything to affect my credit. At the same time I was awarded all the debt that was unsecured...in 2008 she came to me and said she could no longer pay for the van and if I were to help her out then when you recieved a settlement in 2010 she would repay me....she did not last year she paid me 10,000 on the van...she currently owes me 14,000 more with another 6,000 owed to the bank for the van. She has now started to have trouble making the mortgage payments and has failed to refinance the house out of my name. What legal recourse do I have to get her to pay what she owes?


Asked on 10/15/12, 4:22 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

When you were divorced, your attorney should have told you that the divorce court could not affect the loan between you and any lender. The court could only make orders concerning you and your wife. The lender can sue you for the debt and your only recourse is against your ex-wife. Generally, when things get this bad, there is no effective remedy.

This is a problem that many people face. In essence, in a divorce, you are lending money to the spouse if she is ordered to pay. After the order is final, it is too late to change that. Of course, if she is good for it, you can collect from her.

Many people, after a divorce, do not have good enough credit to refinance.

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Answered on 10/15/12, 4:35 pm


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