Legal Question in Family Law in Texas
My wife and I signed a prenupt, Who has to pay the mortgage? The house is hers.
1 Answer from Attorneys
There are two answers to that question.
1. If it's her house, then she has to pay the mortgage. If the prenup awards the house to her, then it's hers and so is the mortgage (unless the prenup says otherwise).
2. HOWEVER, a mortgage is a contract, not a court order. A contract such as a mortgage cannot be modified by a court. So even if you get a divorce decree that says she has to pay, and the prenup says she has to pay, if the loan is also in your name, then the lender can still come after you if she fails to pay. Your decree may have some indemnification language that would suggest you could later collect the money back from her, but indemnification provisions are very hard to enforce in a debtor-friendly state like Texas.
Good luck!!