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  #1  
Old 07-20-2007, 02:10 PM
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Join Date: Jul 2007
Posts: 3

TEXAS Foreclosure, Separation/Divorce effects


What is the name of your state? Texas
Please, guys, i am in desperate need of advice.
Married in 2000, in Texas, purchased house in 2003, my name is on the deed, but not on the loan, at that time i did not even have a social security number.
Things got bad between us, mainly because of his bad financial decisions and spending habits. I left him in 2004. Did not get divorced, just left, with nothing. He filed for chapter 13 bankruptcy by himself for credit card debt alone and got all debt discharged.
He stayed in the house, making payments until last month. Now he decided he will not pay anymore, since he does not have a job.
Since Texas is a commun property law state, my questions are
1.am i responsible for the loan? i did not sign it and it shows his name alone

2. is there anything i can do to protect myself at this point? does me filing for divorce before the foreclosure help any matter, since i understand that even the divorce decree would make him responsible for the house, the morgagee has a different wiev on the issue?

3. me signing the deed to him helps in any way?

Please help if you can, i understand i have not made the best decisions so far, but i need to at least see where i am at, before seing an attorney eventually.
Please.
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  #2  
Old 07-20-2007, 02:20 PM
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Location: St. Odo of Cluny Parish
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The answer to all your questions is: Get a lawyer.

But if you didn't sign the loan, then you are not responsible for the debt.
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  #3  
Old 07-20-2007, 03:12 PM
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Is that still true, considering that the loan was aquired while we were married? Isn't all debt, just like property, commun? I am trying to prepare for the worst, thank you soo much for answering my post.
I appreciate all help.
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  #4  
Old 07-20-2007, 03:32 PM
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Location: St. Odo of Cluny Parish
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I have never heard of "community debt" (except in instances of debts for necessities).

Stand by for somebody from Texas.
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  #5  
Old 07-25-2007, 11:09 AM
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Anybody form Texas to weigh in?
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