Mortgage Contract & Divorce

[Bob Ough]

Texas

1. A couple is divorced and the house is awarded to the wife.

2. Approximately six months after the divorce the now ex-wife asks her ex-husband to help her refinance the house.

3. The ex-husband helps the ex-wife refinance the house and new loan is created.

4. Two months pass and it is apparent the ex wife is about to default on the new loan.

5. Is the ex-husband responsible for making the mortgage payments if the ex-wife defaults?

Note: Court assigned house to ex-wife. House was refinance by both after the court order.

6. If ex-husband is responsible for mortgage payments, can ex husband take possession of the house?

 

[lawrat]

Answer to your first question is YES.

Answer to taking possession is QUITE POSSIBLY, dependent on the circumstances.


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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.