Ex trying to foreclose on joint property

What is the name of your state? TX
I was divorced 3 years ago and later remarried and relocated to Texas. My ex and I own a home in Ga. that neither of us live in. According to divorce decree I am responsible for payments. My ex asked if he could continue to make payments out of my child support as a conveinence to him while he tried to sell it. We signed a personal contract stating the fact that he will make payments. All went well until three months ago. He stopped paying child support and I just found out he stopped making the house payments. He wants them to foreclose on it but my name is on the mortgage too. Is there a way I can sign over my rights to the house and financial responsibility without if negatively affecting my credit?

[HomeGuru]

Originally posted by micnic
What is the name of your state? TX
I was divorced 3 years ago and later remarried and relocated to Texas. My ex and I own a home in Ga. that neither of us live in. According to divorce decree I am responsible for payments. My ex asked if he could continue to make payments out of my child support as a conveinence to him while he tried to sell it. We signed a personal contract stating the fact that he will make payments. All went well until three months ago. He stopped paying child support and I just found out he stopped making the house payments. He wants them to foreclose on it but my name is on the mortgage too. Is there a way I can sign over my rights to the house and financial responsibility without if negatively affecting my credit?

**A: no.

I decided to speak with an attorney and wanted to post this in case anyone else comes up with this problem. I can file for a modification and change it so that he gets so called custody of the house then after he agrees or a judge rules in my favor I sign a warranty deed on the house and then it is his responsibility and his credit.

[nextwife]

The agreement with the LENDER is NOT releasable by family court. A default, whether you quit claim, sign a WD, or whatever is between the lender and the borrowers and would still be detrimental to your credit and they could get a default judgement against you and he.

IF he refinances and you are quit claimed off simultaneously, you can avoid that. The only thing deeding out (without removing the current mortgage) will do is remove any control you have over the situation. Or you refinance in exchange for full interest in the property and pay off the current default.