Legal Question in Family Law in Texas
ex wife won't sign to put house up for sale. I can't get refinancing and she doesn't want the house. I can't afford the monthly mortgage payments.. What are my options besides walking away.
2 Answers from Attorneys
What does your decree say? Does it specifically award the house to you?
If you signed the mortgage, you can't really walk away as you will be liable for paying it. If you don't make the payments, the mortgage company will foreclose and put the house up for sale.
If you can't afford the house and are responsible for making the mortgage payments, you could file bankruptcy. This would end your obligation to the mortgage company.
If you have a buyer, you might try getting your attorney to modify the decree, and ordering that the house be sold with the proceeds split between the parties.