Legal Question in Family Law in Texas

All debts incurred during a marriage, with rare exception, are considered to be community liabilities. Spouses are equally liable for any community liabilities, regardless of who incurred the liability. Therefore, your husband can still be held liable for the house note even if his name is not on the loan.

For something like this, it really is best to have an attorney draft the documents. If you would like to discuss how my firm could help you, please call 713-579-9700.

Based on what you have written, there is no clear cut or simple response. Generally, when debts are accquired during a marriage; the debts are "community debts" and subject to both husband and wife being liable individually. You should consider discussing this matter with a law firm so as to protect your rights and interests with the house. If my law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.

I think what you are saying is that he is on the deed but not on the loan, so ... if you get the house in the divorce, he would need to deed his interest to you, then as long as he isn't on the loan, your payment record should not effect him.

Divorces with property (or children) are really not DIY projects. You should really find a good family law attorney. Divorces where the parties are in agreement are not that expensive.