Legal Question in Family Law in Texas
Community property
I was common law married in TX. We had a house and vehicles in our name. The divorce was a ''cookie cutter'' divorce and very standard. There was no property mentioned in the divorce. He kept the house and each kept their auto. I signed the deed to the house over to him for him to refinance. I recently discovered that he did not refinance and he is currently 120 days past due. He has--name removed--my--name removed-- What can I do to get this house out of my name? Obviously he is not able to refinance. Can I force him to sell?
2 Answers from Attorneys
Re: Community property
Signing a deed to convey your interest in the house to the ex did not serve to release you from the mortgage note (assuming you signed the mortgage note). That means a foreclosure will adversely effect your credit.
You should consult with a lawyer concerning filing suit to halt the foreclosure (unless the lender will agree to do so without litigation) and claims against your ex.
Re: Community property
Unfortunately, your experience is one reason people should not do "cookie cutter" divorces!
Now you have a real mess.
I recommend that you talk to an extremely experienced family law attorney - PATRICIA BUSHMAN at 713.807.9405. Please tell her that FRAN sent you!
Good luck!
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