Legal Question in Family Law in Texas
post-divorce property question
My wife and I divorced in 2005. Several years prior, we purchased a house together. The divorce was uncontested, and I allowed her to keep the house in full. However, my name is still on the mortgage and I would like to remove it. I don't want to refinance and pay closing costs, fees etc, and she is refusing to refinance unless I pay for those costs. How can I get out from under a house I have no legal right to?
2 Answers from Attorneys
Re: post-divorce property question
Depends on what the divorce decree says. You might have to file a motion for enforcement or contempt - which might be as expensive as 1/2 of the closing costs.
Re: post-divorce property question
A court cannot interfer with a third party creditor (in this case the mortgage company.)
Therefore, you need to have the house re-financed in order to get your name off of it.
No court can force a mortgage company to give your ex a new mortgage.
If your ex cannot qualify for a new mortgage and the current mortgage company won't remove your name, you are stuck!
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