Legal Question in Real Estate Law in Texas

When I was married, my then husband and I bought a house. I am the primary loan holder cause I used my VA loan. I am now divorced, my name is still on the the loan but our divorce decree states he is responsible for all finances of the house but he is to refinance the house ASAP to remove my name from it. It's been over a year and he won't refinance it for excuse after excuse. What can I do to remove my name off of the loan for good so I can move on with my life? Thank you.


Asked on 9/05/14, 8:45 pm

1 Answer from Attorneys

Short answer, you can't remove your name from a loan. When the bank granted credit, it granted it to the two of you, together. Just because you two divorced, you can't change the nature of your relationship with the bank. The only way to get your name off the loan is to pay off the loan, sell or refinance. If your ex is stalling you can sue for contempt (maybe--depends on your decree) or you can (possibly) force a sale of the home using a motion to partition.

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Answered on 9/05/14, 8:53 pm


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