Legal Question in Family Law in Texas

I married in 1996 in New Mexico. We had a prenuptial agreement so that the house he had stayed his. We refinanced the house in the early 2000's, and my name was then on the house. We divorced in 2010 and I didn't get squat, but my name is still on the house. It states in the divorce papers, "There is no community property of the marriage. The parties entered into a prenuptial agreement prior to their marriage, the terms of which control disposition of property the parties respectively own or have an interest in." I noticed the house is still on my credit report, and was wondering what, if any, is my right to the property? If he defaults, am I liable?


Asked on 8/02/16, 5:28 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You didn't tell us, but I will assume that your divorce was in Texas. If it was in New Mexico, the laws are likely different.

The short answer is: Until Dad refinances, you are still on the hook for the mortgage. If he defaults, you are liable, and it will reflect negatively on your credit.

You don't have any property rights in the house, but unless the decree has some language other than what you quoted (regarding property division and the incorporation by reference of the prenuptial agreement), Dad may have problems in the future when he tries to sell the house.

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Answered on 8/03/16, 11:46 am


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