Legal Question in Real Estate Law in Texas

My wife got the house in the divorce and she didnt get the house refinanced and our paper work doesnt say that she must get it refinanced. In the past 3 years since our divorce she has fallen behind 5months or more and cought back up but it is affecting my credit history because legally the house is in mine and her name but she was awarded the house by the judge. What can I do to get my name off of the mortgage?


Asked on 1/13/12, 2:22 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

If the decree doesn't require her to refinance the house, she doesn't have to refinance the house. Your lawyer should have taken care of this.

The bank isn't interested in getting you off the loan; it's twice as collectible with two debtors on the hook.

Would she even qualify for a refinancing of the house (on her credit alone)? From what you're telling us, the answer is probably "no."

Consider going in with her to the bank to refinance it together. That might lower the payments to where she could make them consistently.

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Answered on 1/18/12, 1:45 pm


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