Legal Question in Family Law in Texas

I allowed my ex-wife and children to live in the house that her and I purchased when we were married. Our divorce was final in Feb 2017. The house is still in my name and whenever she gets behind on the note, it impacts my credit. We put in a paragraph in the decree that she would assume responsibility of the payments and would sell it when our youngest turns 18. What recourse do I have when it impacts my credit? I’ve contacted the mortgage company and they say nothing I can do. I’m in Texas if that helps.


Asked on 10/21/19, 8:37 am

1 Answer from Attorneys
Paul Velte IV Paul C. Velte IV, Attorney at Law

What you can do about it depends partly on how your divorce decree reads, but in general, you can always enforce decrees with the contempt power (i.e., punish her for violations) and often also, "as a contract." -- that is, suing her for damages. If she breaches by not paying, you could argue for rescission of the 'deal' and that means, to put the house up for sale now. That threat alone may cause her to make the payments. All of these options will require spending some money. You left your self in a weak position in the decree. I would have counseled you NOT to enter such a deal had I been your divorce lawyer. But, whatever happens, keep excellent records, as her failure to make payments is going to cost you additional interest, which you can get back out of her portion of sale proceeds when you do get the house sold.

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Answered on 10/22/19, 7:53 am


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