Legal Question in Family Law in Texas
In our divorce settlement, my ex-husband got the house and gave me the portion of equity owed to me. We had financed the house together. Now, 4 years later the credit company is calling me saying I am responsible because my ex has missed 3 payments. If I do not own the house, but my name is still on the original loan, am I responsible? How do I get the creditors to stop?
1 Answer from Attorneys
Yes you are still responsible. What you should have done is added two provisions to your divorce decree: (1) Requiring him to refinance the house within 90 days of the divorce. That would have gotten you off the debt and would have gotten cash into your hands quicker. (2) Had him sign a Deed of Trust to Secure Assumption of Loan. That would have allowed you to foreclose on the house and force it's sale if he failed to refinance it into his name.
Now you're going to need to ask the court to fix your decree, appoint a receiver, and sell the house quickly to protect yourself from the debt and get your equity out before the lender forecloses.
You're going to need an attorney to help you through this. If you don't think you can afford one, contact Legal Aid or the Texas Legal Services Center (www.tlsc.org).
Good luck!!
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