Legal Question in Family Law in Texas

Mortgage

Divorced and still making monthly house pymt., as daughter was at home, and was decreed to do so, until this past year. now daugher has moved to college, i would like to quit making payment, but wife has not seeked employment, and refuses to make payment, and i do not want my credit ruined.

in divorce i gave house to wife and will not get any money upon her selling it.

can i now go back to court and have divorce decree amended to seek money upon her selling the house, since she has not upheld making any payments on the home as it was decreed in the divorce decree that she begin making payments - march 1999.

if not, i believe i am stuck making payments, or ruin my credit, and can only advise the mortgage company of divorce by supplying them with copy of divorce decree and having my credit report reflect same.

i know i will be ruining my credit.

any direction you could provide would be appreciated.


Asked on 7/14/01, 7:42 pm

1 Answer from Attorneys
David Sergi Sergi and Associates PLLC

Re: Mortgage

Generally whe, as here, the spouse withthe kids keeps the house then you can go back to court and ask that a receiver be appointed to sell the house. I have done this before. The good news is that if your trial lawyer was a good one you should share in the increase in value of the house. If this is in Austin /San Antonio area I would love to help.

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Answered on 7/16/01, 4:14 pm


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