Legal Question in Real Estate Law in Texas

My ex husband and I were divorced 3 years ago. We did not have the money to hire an attorney so we did our divorce ourselves. My ex husband wanted our home so in our divorce decree we stated that he was awarded the home. After the divorce he was not able to refinance it into his name only and therefore he stopped making the payments. I attempted to try and do a short sale but the mortgage company kept "losing" my paperwork or would state that I did not send them a document and so forth. After this went on for about 7 months they finally told me that the house was going into foreclosure. I am concerned that I will be In some trouble because the home is still in both of our names and I am afraid I will get a deficiency judgment on me. Is there any advice you can give me about how to prevent this or maybe I am incorrect and since he was responsible for the payment will they not pursue me?


Asked on 7/24/13, 12:14 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

You will be affected because Texas is a community property state and you are both jointly and severally liable. You should have immediately notified the mortgage company and given them a copy of the divorce decree, but even then they could refuse to release you until he re-mortgaged. I would notify them now but you are probably going to be held jointly liable.

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Answered on 7/31/13, 2:37 pm


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