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Do I have to sell...in Texas

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J

Jericho

Guest
I am located in Texas. My divorce was finalized in December of 2003. The only property/asset addressed in the decree was the home/land we lived on. The decree only said that it became mine & the taxes from last year were my responsibility. I have tried to re-finance to get it into my name but due to debt to income ratio have been unable to do so. We did not specify a timeframe for doing this nor did the decree even state that I had to change the name on the financing. I am the primary, he is the secondary. I just know he would like to have his name removed & was trying to do so but can't and am now concerned he might have some legal rights to make me either get his name removed or sell if I can't do so. Any ideas on my rights/responsibilities? By the way, in case it makes a difference, there have been no late payments and their are no children involved.
Thanks!
 


BelizeBreeze

Senior Member
Then where the hell is your attorney? His name should have been taken off the deed immediately. You need to either get this matter resolved with the help of a Real Estate attorney or have the divorce decree amended.
 
J

Jericho

Guest
He said he would sign the deed over to me when I get everything refinanced in my name only. My main concern right now though is, can he make me sell the property if I don't get his name removed from the mortgage with in a certain timeframe?
 

BelizeBreeze

Senior Member
Jericho said:
He said he would sign the deed over to me when I get everything refinanced in my name only. My main concern right now though is, can he make me sell the property if I don't get his name removed from the mortgage with in a certain timeframe?
That depends entirely on the exact wording of the divorce decree. You would need a review by a local attorney.
Worst case scenario, yes, he could file a partition suit to force the sale.
 
J

Jericho

Guest
hmmm...not exactly the answer I was looking for but, thank you very much for your help.
 
T

Tom Flood

Guest
Same thing but on the other side

I am in Jericho's husbands position. I have been divorced for 4 1/2 years and I am still on the mortgage. The house is in Texas also. In the divorce decree I gave up all ownership of the house. I have not made a payment on that house in 4/12 years. But when there were late payments the mortgage company came after me. They said they didn't care that we were divorced or what the divorce decree said. I, however, have 2 minor children living at that house with their mother and stepfather. I have been trying to get them to refinance the house for some time now. She is now a stay at home mom and he has a foreclosure on a house that is almost 7 years old. They have been turned down to have it refinanced about a year and a half ago. Making them sell the house would be like evicting my children. Is there anyway to get my name off it without refinancing or selling the house? I was told about a Conversion Decree as a possibility. Is there anything that would work for both sides?
 

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