Legal Question in Wills and Trusts in Texas
I have been divorced for 3 years. My exhusband lives in the house we had together and I have a Deed of Trust on it. I have now found out that he filed for bankrupcy without telling me. I am trying to by a home now with my new husband and need my name off the other mortgage. What are my options.
1 Answer from Attorneys
The only way to "take one's name off a mortgage" is to refinance the debt - that is, a debt that is owed by TWO people is paid off by a loan that's owed by only ONE of them.
Your situation is very common - a divorce decree can do many things, but it can't turn a joint debt into a "one-man" debt. That's because the lender isn't a party to the divorce, and the Judge can't affect the lender's rights by signing a decree.
Keep track of the bankruptcy through Pacer:
http://www.pacer.gov/
It's possible that the bank will foreclose on the house, which will take EVERYBODY's name off the loan.
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