Legal Question in Family Law in Texas
house in divorce
In my current husband's divorce the house was awarded to his ex-wife although my husband's name has not been removed because it still shows up on his credit report. Can he ''make'' her change it or does he need to do it?
2 Answers from Attorneys
Re: house in divorce
I'm not sure what you expect to be done. Unless the ex is able to refinance the mortgage in just her name, both names stay on the mortgage. The mortgage company has no reason to change the original terms of the mortgage and take your husband off of it just because he divorced his previous wife. The terms of the divorce may have awarded to house to her along with the duty to pay for it, but none of that has any effect on the mortgage company.
Re: house in divorce
Any change has to be approved by the mortgage company. Your husband is till responsible to pay the mortgage because the mortgage co. was not part of the divorce. He could "try" to make her get a new loan, depends on whether she is qualified. These days, no body is qualified.