Legal Question in Family Law in Texas

In my divorce, i got the house and mortgage because she couldnt afford it. Her name is still on it because i cant it refinanced, the lenders say i dont make enough. Shes threatening to take me to court over it. What can she do? Theres nothing in the divorce papers that says her name has to come off the house.


Asked on 7/27/12, 5:33 pm

2 Answers from Attorneys

Thomas Daley KoonsFuller PC

If there's nothing in the order, then you can't be found in contempt. So that's come good news.

However, as long as her name is on the loan, her credit is limited as well and she might not be able to qualify for credit cards, car loans, school loans, or even a house loan of her own. Moreover, if you are late with payments, it could negatively impact her credit as well.

If she can show some affirmative harm that is happening to her because her name is on the loan, the court might (MIGHT) order you to sell the house.

Just wait it out. If she files something, hire an attorney and try to work it out. Otherwise, just let her make her threats if that's all she's going to do.

Good luck!!

Read more
Answered on 7/31/12, 1:15 pm
Megan Cook Cook & Cook Law Firm, PLLC

The Decree does not order you to refinance the house, thus you are not ordered to do so. She might attempt to go to court to get a clarifying order which essentially attempt to add the refinance order term to the decree. If she succeeds in that then you could be ordered to refinance or sell it within a certain period of time. As long as you are making the payment on the mortgage, there is nothing you have done wrong that a court can find against you.

Read more
Answered on 7/31/12, 1:19 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas