Legal Question in Family Law in Texas

My wife's ex-husband was awarded a time-share property in their divorce decree and she was awarded their house. She has continued to hold up her end of the agreement by making payments on the house, however, he has yet to pay a cent on the time-share since February 2012 and now the property management company for the time-share is automatically withdrawing $241 every month from my wife's checking account. I realize that since her name is on the note and he refuses to re-finance to change that, that by law she is still financially responsible. He has refused to compensate her for the money taken from her account and has stated he never will. My question is: Can he be taken to court and forced to pay as per the decree or can he be sued for the amount taken from my wife's account? We are active duty military and currently geographically separated and it is creating a financial hardship for the both of us.


Asked on 9/28/12, 7:46 am

2 Answers from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

Yes, you can sure to enforce. As you stated, the court order is between the spouses and does not relieve either spouse of third party debt. He remedy is against her former husband.

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Answered on 9/28/12, 8:27 am
Keith Engelke Law Office of S. Keith Engelke

I assume the debt is divided in the decree so that he is obliged to make the payments on the time share. You can definitely sue to enforce. You should consider a motion to modify the decree so he executes a deed of trust to secure assumption. He might want you to do the same with the property you own.

With a house, you would then at least be entitled to be reimbursed for any payments you make on his behalf it the house is sold at a profit. I'm not that sure about timeshares. Also I don't know which state the timeshare is in.

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Answered on 9/29/12, 3:37 pm


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