Legal Question in Family Law in Texas
My wife had an affair for 8 months before deciding she was in love and wanted a divorce. Five months into the affair we bought a house (I was unaware of the affair). Three months after we bought the house we got separated. She signed a QDRO or something like that and gave me the house in the divorce settlement. I attempted to hold onto the house for a year or so but I could not keep up the payments and finally had to sell it. At the closing, the title company failed to pay off one of the loans (it was an 80-10-10 loan) and I did not catch it. A few months later the bank contacted me about the loan I was several months behind on. I thought it was a mistake at first but after some research we discovered what had happened. The title company admitted to the mistake but said that there was nothing they could do about it and I had signed off on the documentation so it was my responsibility. I got caught up on the payments and continued to make payments on a loan that was attached to a house I no longer even owned. After a couple of years my finances got so bad I had to default on the loan. My wife and her husband (the guy she was having the affair with) tried to buy a house and her credit is damaged due to the defaulted loan. She sued me and was awarded $25,000.
My question is: Is there anything I can do? I read somewhere that the statute of limitations is 2 years but I don't know if it applies to this situation? I have contacted a bankruptcy lawyer as a possible solution since I do not have any money to give her (not that I would give her a dime even if I did have it seeing as how I consider her at least partially at fault for this situation).
1 Answer from Attorneys
The statute of limitations for most claims that arise from negligence is 2 years. You may have a claim against the title company
I think it was wise of you to consult a bankruptcy attorney. Just make sure that you have the names and mailing addresses of all of your creditors, including your wife.