Legal Question in Family Law in Texas

Hello.

I have been divorced now for two and a half years. My ex husband left me for his secretary and I didn't have a job because he did not want me to work. I was awarded my double wide which was $500 a month and two acres that is $295 a month.While he was awarded a house that was paid for. The double wide is still in his name because I could not afford to refinance it into my name. It has gotten to the point where I can't afford it anymore and I have tried to work something out with the mortgage company and they wouldn't work with me. It has been repossessed and there is still a balanced owed. The mortgage company told me that they do not go by a divorce decree and because he is the only one on the contract with them, he is responsible for it. Needless to say, he is very angry about this and making threats to take me to court and said that my wages will be garnished. Can they do that? What's the worst that can happen?

Thank you so much.


Asked on 5/15/10, 6:50 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The mortgage company is right; a debt is a personal obligation, and a divorce decree can't "reassign" personal liability for a debt.

Conceivably, after Dad is forced to pay the mortgage, Dad could sue you for the debt, and get a judgment against you (depending on what the divorce decree says), and then he could try to collect the judgment. He can NEVER, NEVER garnish your wages. Period.

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Answered on 5/21/10, 5:23 am


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