Legal Question in Real Estate Law in Texas

Can I Force my Ex Husband to Refinance?

My ex husband and I divorced in 1998. In our divorce decree, I got the house (I sold it) and he got the Boat, for which we still have a mortgage. I've learned that although the divorce decree states that he is responsible for the boat, it means nothing to the creditors.

This causes problems for me when I try to refinance my current home to access the equity. Since this boat mortgage shows up on my credit report, it appears that my debt to income ratio is high.

I have repeatedly asked my ex husband to refinance and have even offered to pay half of the costs to do so (which include redocumentation of the boat, survey, loan expenses, etc.) and he has not moved forward to do this.

Is there a legal way that I can force him to refinance? I am very dissappointed in my divorce attorney for not recommending this be done as part of our divorce settlement as I have been paying the price for this ''oversight'' ever since our divorce. Please let me know what, if any legal recourse I have to make my ex husband take action and refinace to get my name off of the mortgage.

Thank You


Asked on 9/20/02, 11:50 am

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Can I Force my Ex Husband to Refinance?

Not easy answer. I am not a family law lawyer, but perhaps you could ask your divorce lawyer to go back to court and get a modification to the order rquiring that your husband either refinance the boat by a certain date or sell it to repay the loan. Larry Maun 713.266.2560

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Answered on 9/20/02, 12:06 pm


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