Legal Question in Family Law in Texas
Property
I divoiced my spouse over a year ago? In the decree I gave up my right to a house in PR. I ask her several times to change this property out of my name, It counts against my credit, I was told that she had three months after the divoice was final to correct this, is this true? And what do I need to do to fix this problem so I can buy me another house?
2 Answers from Attorneys
Re: Property
You need to have the final decree reviewed to see whether is under an obligation to fix your problem. Consult with a local attorney.
Re: Property
It is very important to look at the actual language of the decree. Taking your name off of the title to the property is not the same as taking you off of the mortgage. The mortgage company is under no obligation, by the decree, to remove you from the obligation. If the decree obligates her to refinance the house, then you can file an enforcement action. If it is only the title you are concerned about, then you can quitclaim your interest to her -- but then you lose your leverage. An attorney should review the decree and advise you exactly what your options are under Texas law. Such a review should be a minimal cost. TCL