Legal Question in Real Estate Law in Texas

When my ex and I divorced, she got the deed to the house but I stayed on the mortgage with her since she was unable to refinance in her name. Now she is not paying the mortgage. What are my options, if any? Can I force her to deed the house to me since she is not paying?


Asked on 10/07/12, 10:27 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

You need to talk to a real estate attorney about your options.

You have a serious problem because the deed is in her name.

Obviously, your name is on the note and you owe the debt.

I warn people about this potential problem when I mediate divorces but they don't recognize that this could happen. The easiest thing is for the two of you to work together to make this problem go away. The easiest thing would be to sell the house. If she won't cooperate, then you will need to discuss your options with an attorney. Unfortunately, in the meantime, your credit is going to suffer.

Please don't call me because I only mediate these days.

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Answered on 10/08/12, 10:49 am


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