Legal Question in Family Law in Texas

One of the terms of my divorce decree was for ex-spouse to assume home mortgage which is currently under my name. Additionally my decree stated that ex-spouse shall execute any and all documents and perform all acts necessary to remove me from the mortgage related to the real property. It�s almost been a year and he has not assumed loan. He is telling me as long as he makes payments on time he does not have to assume that loan. Can I sue him for violation of divorce decree in the state of Texas? Also, at the point will judge tell him to refinance loan under his name?


Asked on 6/16/11, 3:17 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

If the decree orders him to assume the loan and he does not do so, you can file a motion to enforce. If your ex is not doing anything, a motion to enforce should get him moving.

However, the creditor does not have to agree to refinance the loan. If you have a better credit rating or you are both on the loan, refinancing is not in the creditor's interest. The lender is not bound by the judges order since it was not a party to the lawsuit.

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Answered on 6/18/11, 6:15 am


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