Legal Question in Family Law in Texas

My divorce was final in 2007. Per the decree, my ex has full responsibility of the home we purchased together. Also per the decree, he had one year from the date our divorce was final to either refinance or sell the house. Therefore, he's 2 years past due. The mortgage company tells him they can't take my name off unless it's refinanced and allegedly his credit score is not high enough for him to do that. He has remarried and has dual family income. He put it on the market for 6 mos this past year but it didn't sell. Is there a way to legally enforce that I be removed as co-buyer/owner of the home since he has not fulfilled his obligation under the decree?


Asked on 6/08/10, 4:42 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

No, and here's the reason: The original credit transaction involved the LENDER, and he isn't a party to your divorce. In other words, the court has no authority to order the lender to do anything.

Your situation is fairly common. This is a type of "loose end" that can't be tied up if Dad won't cooperate.

Look at the wording of your decree (some lawyers are better than others at drafting). Are you allowed to force the sale of the house? appoint a receiver?

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Answered on 6/09/10, 4:55 am


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