Legal Question in Real Estate Law in Texas

Our Texas divorce was final June 2011. My ex signed a Special Warranty Deed in our Final Divorce Decree allowing me to sign a Deed of Assumption on our marital home. I have Homestead exemption on this property. Two weeks ago, I was fortunate enough to have a buyer anxious to purchase the home. I hoped to close Oct 14, 2011, but the title search found an Abstract of Judgment filed May 2011 against my ex for breaking a lease he made after we separated. The lawyer (and owner of the leased property) will not agree to release the judgment until he receives his money, $5000. My husband and I separated Feb 2009. I assumed and made all payments on my property and have kept the payments current. I had no knowledge of this Abstract of Judgment; nor do I have any part in my ex's actions. Do I have any other options -other than paying the $5000 to obtain the release- even though I was not responsible for the actions that brought about this judgment?


Asked on 10/19/11, 5:43 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

The judgment lien cannot attach to your homestead. A lawyer can make the appropriate demand that the judgment creditor release the lien. If he refuses, he is liable for all your damages, including the loss of the sale, if that occurs.

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Answered on 10/20/11, 8:58 am


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