Legal Question in Family Law in Texas
Before I divorced, we had purchased a house. In our agreement on our decree we both agreed that the property would be put up for sale. We put the house on the market for months as she still lived there. A few months after it being in the market she told me to take over the house cause she could not afford it and agreed to take off the market. She failed to make several payment on the mortgage, so I had a loan modification done. Now, that the modification done she has been harassing me to put the house up for sell. I am leaving the property and she will move in until the house is sold. What can I do legally to make sure the mortgage is paid and that the house is out up for sale. I want to make sure that I have something legally done to make sure that the both things are done. Due to the mortgage falling behind I could not refinance the mortgage. I cant afford for her to effect my credit again and per our divorce decree we both agreed to sell.
2 Answers from Attorneys
What happens now, and what your rights are, depends on what the divorce decree says. It should have specifically provided for this situation (in the "what if" section).
At this point, you might ask her if she'd be willing to sign a separate contract that spells out the various possibilities of what might happen in the next six months. You'll want a lawyer to draft this for you.
In the alternative, you could go back to court and ask the judge to clarify the decree.
Another option would be for you to file bankruptcy. This would make payment of the house loan her problem. Suggest you retain a bankrupcty attorney to review your options.
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