Legal Question in Family Law in Texas

My name is still financially on the loan of the house I owned with my now x-wife. I have asked her to finance the house in her name. What are my rights?


Asked on 6/06/10, 12:02 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

I assume that the decree doesn't require her to refinance, or doesn't specify any consequences if she doesn't refinance.

You are in a situation that is fairly common, and the short answer is: You're stuck. On one hand, if she refinances, you are free to buy your own house, and her bad credit (or failure to pay house notes) won't affect your credit. On the other hand, if she makes all the payments on time, it makes YOUR credit report look good.

This is a loose end that your divorce decree (I assume) didn't tie up. There isn't mechanism to go back and make her refinance the house.

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Answered on 6/07/10, 5:16 am


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