Legal Question in Family Law in Texas

The decree tells you what your rights and remedies are. Unless it gives you some remedies in the event she doesn't refinance, you're out of luck.

This is a common problem - "I want to get the debt out of my name." The only way to do this is to refinance, and that requires the cooperation of a third party (the lender). You can't have Mom held in contempt for not refinancing - her excuse will be "I tried, but nobody would make the loan."

Purchase the note. This removes your liability to the third party. Your ex becomes liable to you and you can forclose on her if she does not pay. However, this is a difficult and expensive option. You may have to go through a third party as a creditor may not want to sell a note to a debtor.

If you can't afford to purchase the note and qualify, consider filing bankruptcy. A bankruptcy discharge will erase any liability you have on the note.