Ex-Husband defying divorce agreement

Texas is my state
I gave my husband the house and all of the contents, part of the settlement is that he is now responsible for the loans for the house and new garage,2 loans, and is stated as such in the divorce docs. I co-signed on both loans when we were married, now that this is his responsibility, I want my name removed from the loans. The loan companies will not simply remove my name as I was a co-signer, and my ex and I are fighting because he does not want to re-finance due to higher interest rates. I don't know what to do. If I run my credit, it shows I owe this money, and if he dies, they will come after me. Help, Heather in TexasWhat is the name of your state?

What does your divorce decree say WORD FOR WORD about the home?

Did you already sign the deeds over to him?

IT IS ORDERED AND DECREED that the husband, Gregory A Sills, shall pay, as a 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:
H-1. The balance due, including prinicipal, interest, tax, and insurance escrow, on the promissary note executed by Gregory and Heather Sills, in the original prinicipal sum of 87,550.00, dated June 19, 2003, payable to CTX Mortage, and secured by deed of trust on real property confirmed in this decree to the husband as his sole and seperate property. The debt to X Bank with approximate balance of 18.500.00

When we first bought the house, it was in his name only, and we were not married, we refinaced a few years ago, I don't know if the deed to the house was ever in my name.
Thank You.

O.K. how long has it been since the divorce?

Divorce was finalized 18May2006

Heather72 said:

Divorce was finalized 18May2006

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So it just happened. He is allowed time to act or not act. If he has made no provisions for refinancing by the end of the year, THEN you might have grounds to file a show cause for contempt.

However, at the present time I doubt the court would entertain such a motion. It's only been three months.

Okay BB, Thank you for your help and time

Heather72 said:

Okay BB, Thank you for your help and time

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No problem. but do keep an eye on him AND your credit report.

Been there, done that.

Unfortunately, credit companies do not have to honor a divorce decree. As long as the debts remain "joint", if he does not pay, they will come after you, if he dies, they will come after you, the debts will remain on your credit report and impact your credit score. He needs to refinance, but if he was not ordered to, well why should he?

He MAY be able to remove you from the accounts by writing to the creditors and asking your name be removed, if he is the primary credit holder. I did not have much luck with a similar situation and ended up in bankruptcy.

Good luck.

mom6399 said:

Unfortunately, credit companies do not have to honor a divorce decree. As long as the debts remain "joint", if he does not pay, they will come after you, if he dies, they will come after you, the debts will remain on your credit report and impact your credit score. He needs to refinance, but if he was not ordered to, well why should he?

He MAY be able to remove you from the accounts by writing to the creditors and asking your name be removed, if he is the primary credit holder. I did not have much luck with a similar situation and ended up in bankruptcy.

Good luck.

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Did you read the entire portion she posted? If you did, I don't think you understand what it means. It stated he "shall indemnify and hold the wife and her property harmless from any failure to so discharge" -- BB has answered the question properly. You are misreading what is there. While credit companies do not have to honor a divorce decree the parties do.

Ohiogal said:

Did you read the entire portion she posted? If you did, I don't think you understand what it means. It stated he "shall indemnify and hold the wife and her property harmless from any failure to so discharge" -- BB has answered the question properly. You are misreading what is there. While credit companies do not have to honor a divorce decree the parties do.

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But that still doesn't make the creditors a party to the divorce or bind them by anything other than the original debt agreement. It just means that there is recourse if the party doesn't comply. That recourse however doesn't fix someone's credit report.

LdiJ said:

But that still doesn't make the creditors a party to the divorce or bind them by anything other than the original debt agreement. It just means that there is recourse if the party doesn't comply. That recourse however doesn't fix someone's credit report.

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Ldij now you are misunderstanding. I never said a creditor is made a party to a divorce. Nor did I say recourse could fix someone's credit report. What I said was in response the post in which said there is nothing there to make the hubby refinance. That is not true which is why I told the poster to reread what was stated about the divorce decree.