Legal Question in Family Law in Texas

Found out ex-husband did not refinance mortgage after divorce
Mother in strange situation. While married to ex-husband, the two purchased a home together. The divorce decree states that she relinquished the asset to ex-husband. She recently saw credit report reflecting deliquent payments to mortgage company. Upon inquiring further, she discovered that ex-husband died more than a year ago. Ex-husband's daughter is living in house. My mother doesn't want the house - she just wants her name removed from loan and deed. She can't afford an attorney. What can she do?

Asked on 7/19/07, 1:14 am

Fran Brochstein Attorney & Mediator

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Re: Found out ex-husband did not refinance mortgage after divorce

She needs to find the money to hire a professional.

If her name is on the mortgage, then she is liable for the debt.

No court can remove her name from a third party creditor.

Only the creditor can remove her name from the loan.

She should call the mortgage company and discuss the problem.

See what options she has.

The mortgage company might be able to force probate of his estate.

Answered on 7/19/07, 5:45 pm

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