Legal Question in Family Law in Texas
If my ex got the house in the divorce, how do I get my name off the mortgage?
Asked on 5/09/16, 9:45 am
1 Answer from Attorneys
Bob Leonard
Bob Leonard Law Group, PLLC
Usually, you don't. Your attorney should have explained to you that your name will still be on the mortgage and you are still liable for it. Remember, the mortgage company was not part of your divorce and the court does not have the power to eliminate you as a borrower.
Also, your attorney should have drafted and put in the order that your husband would sign a Deed of Trust to Secure Assumption to help protect you if your ex-husband failed to pay the mortgage. If it was not in the order, then it is probably too late to get it.
I know that this is not what you wanted to hear, but I wish you the best.
Bob Leonard, Jr.
Answered on 5/09/16, 1:16 pm