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stipulation in divorce decree on home

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P

pinkie

Guest
My ex-husband and I have been divorced over two years now. I just found out that the house we bought while we were married has been forclosed. I was never informed of this forclosure. The house was given to him in the divorce. I was under the assumption that I was no longer held responsible for the house based on the following statment:
It is orderede and decreed that the husband, shall pay, as part of the division of the estate of the parties, and shall indemnify and hold the wife and her property harmless from any failure to so discharge these items......

The forcloser has shown up on my credit report and I have been told by the bank that forclosed on the house can not take it off, even though it is clearly stated in my divorce decree.

Is this correct? Is there anything I can do? I live in the state of Texas.

Thank you
 


I AM ALWAYS LIABLE

Senior Member
pinkie said:
My ex-husband and I have been divorced over two years now. I just found out that the house we bought while we were married has been forclosed. I was never informed of this forclosure. The house was given to him in the divorce. I was under the assumption that I was no longer held responsible for the house based on the following statment:
It is orderede and decreed that the husband, shall pay, as part of the division of the estate of the parties, and shall indemnify and hold the wife and her property harmless from any failure to so discharge these items......

The forcloser has shown up on my credit report and I have been told by the bank that forclosed on the house can not take it off, even though it is clearly stated in my divorce decree.

Is this correct? Is there anything I can do? I live in the state of Texas.

Thank you
My response:

Your agreement was between you, your husband and the court. It was not with you and the bank. The bank is not a party to your agreement. All the bank knows, and cares about, is that your name appears on the mortgage. Your husband should have been forced to sell or refinance the home. That would have been the only way to get your name off of the loan documents.

So now, your only recourse is to take your husband back to court on an Order to Show Cause re: Contempt of Court and Damages.

Once you get into court, and the judge rejects his excuses for having disobeyed the court's previous orders, you'll get to see your ex-husband get his own pair of matching bracelets and become a guest of the county, in their luxurious jail facility.

Good luck to you.

IAAL
 

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