Legal Question in Real Estate Law in Texas

Does Abstract of Judgment Attach to Spouse on Home Sale?

I have an Abstract of Judgment on me from a major credit card company on a debt I defaulted on. They filed the abstract in the county where I live. I realize that if I sell my house I must first pay off the judgment. My wife and I are thinking or refinancing the house and putting it in her name since her credit is good. Currently I am the only person on the note and got the house in a previous marriage. My current wife will easily be able to get a loan because of her good credit. Do I have to sell her the house outright to get it refinanced at a lower interest rate? And if I do, does the Abstract of Judgment attach to her? Or do I remain individually liable for it? Can she sell the house later solely in her name without the judgment being a problem?

Please help us. Our current interest rate is over 10% and we can probably cut that in half if I sell her the house and put it in her name.

Thank you


Asked on 11/19/01, 7:03 pm

1 Answer from Attorneys
Harry J. Fisk Law Offices of Harry J. Fisk

Re: Does Abstract of Judgment Attach to Spouse on Home Sale?

You may be able to avoid the problem associated with the abstract of judgment if the house is "homestead" property by having the judgment lien creditor execute a "partial release of lien" due to the homestead nature of the property. Please feel free to contact my office if you need additional information on this process.

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Answered on 11/20/01, 3:53 am


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