Legal Question in Family Law in Texas

I divorced my exwife almost 2 years ago, we divided the bills and I let her take everything, I allowed her to live in the house until a buyer was identified. I had a buyer in December, had her move out and the buyer backed out. So I am on the hook for the mortgage until a new buyer can be found. The decree states that if the house is vacant that each party will be responsible for 50% of the mortgage. Well, I am paying 100% of it, she told me too bad, she "can't afford it".

Another problem is that she has a vechile that I cosigned for her back when we were married, she ays she is going to file bankruptcy, which of course means that I am screwed and my credit is going to take a huge hit. I don't want the vechile and cannot pick it up even if I did want it, I am deployed to Iraq right now and she is in Texas.

She refuses to honor any of the items in the decree and tells me "there is no such thing as debtors prision" and that I'm not getting a dime from her.

I guess my question is, if I get a judgement against her and put a lein against her in case she were to ever sell property, can I also get her federal tax return? Is that possible?

I also heard that she cannot discharge items that were decreed that she pay in the divorce, is this true?

What can I do with this difficult woman in order to put a little coin in my pocket, I dont like the idea that she is screwing me at every turn and I have no recourse.

Help?


Asked on 3/12/10, 5:51 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You need to get a judgment against her before the house is sold. Once the judgment is on file the house cannot sell until the judgment is released.

Regarding the tax return issue, you cannot garnish her paycheck, but you can garnish her bank account.

If she files bankruptcy, all bets are off. Certain debts related to divorce such as alimony and child support cannot be discharged in bankruptcy. Since the mortgage creditor is presumably a secured creditor, you may be able to argue that you stand in the shoes of that creditor and are entitled to treatment as a secured creditor in the bankruptcy. You need to see a bankruptcy attorney acquainted with divorce law..

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Answered on 3/21/10, 12:31 pm


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