Legal Question in Family Law in Texas
My wife and I are getting divorced, live in Texas and we are filing ourselves. The divorce is uncontested. My question is her credit is bad and I want my name off the house. I am giving her my half of the house but do not want any future late payments to affect my credit. What should I do?
Pat
Asked on 6/19/10, 6:35 am
2 Answers from Attorneys
Mark Dunn
Mark D. Dunn
The only way for her to do this is for her to refinance in her own name. There's no wording that can go into a decree, no special language, that can force a bank or lender to "take your name off the loan."
Answered on 6/19/10, 10:27 am
Fran Brochstein
Attorney & Mediator
Mark Dunn is right. No judge can remove your name from the morgage. A judge cannot interfer with a third party creditor.
This is one reason why people hire attorneys.
Answered on 6/19/10, 2:15 pm
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