Legal Question in Family Law in Texas

When I was married to my former wife we bought a house using my VA Certificate. In the original divorce decree my wife was awarded the house but she was not required to remove my name from the mortgage or the note. Over the past few years she has been late with several payments, severely impacting my credit. Do I have the right to petition the court for a modification of the divorce decree forcing her to refinance the house to remove me from any financial obligation?


Asked on 6/29/10, 3:12 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

No.

The only way she couldn "remove your name" from the mortgage is to refinance. The decree either required her to do this, or it didn't.

The part of the decree that has to do with property division is not subject to modification.

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Answered on 6/30/10, 9:05 am


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