Divorce

[Ducci Cuellar]

State: Texas

"I have been separated since January of 2012 but not divorced from my husband that has just been sued for assault. I had three properties before I married him and I refinanced for lower interest and his name is on the properties now (Texas - community property). I am now filing for uncontested divorce where I am getting my properties back. If a judgment is awarded and my ex has to pay, will they come after me and go after said properties since he was technically owner of these properties at the time of the lawsuit?"

 

[Proserpina]

State: Texas

"I have been separated since January of 2012 but not divorced from my husband that has just been sued for assault. I had three properties before I married him and I refinanced for lower interest and his name is on the properties now (Texas - community property). I am now filing for uncontested divorce where I am getting my properties back. If a judgment is awarded and my ex has to pay, will they come after me and go after said properties since he was technically owner of these properties at the time of the lawsuit?"

What does your husband say about not only the uncontested divorce, but signing over his rights to those properties?

 

[latigo]

State: Texas

"I have been separated since January of 2012 but not divorced from my husband that has just been sued for assault. I had three properties before I married him and I refinanced for lower interest and his name is on the properties now (Texas - community property). I am now filing for uncontested divorce where I am getting my properties back. If a judgment is awarded and my ex has to pay, will they come after me and go after said properties since he was technically owner of these properties at the time of the lawsuit?"

It will depend on whether or not the circumstances relative to the refinancing of your non-marital (sole and separate) properties resulted in transmuting them into community property. It sounds as if that may have occurred.

However, you will need the services of an Texas attorney experienced in this area that can examine those circumstances and and evaluate the pertinent documents.

Your husband’s judgment creditor can only execute against the interest, if any, that he has in those properties. Unfortunately you are not going to learn the answers to that question except by paying for it.

Also, unless there is a substantial equity in one or more of the properties it is unlikely that the judgment debtor would seek levy of execution against any of them. Why?

Because there would be no ready buyers and if the creditor bids in his judgment he would have to assume responsibility for all existing liens.

Normally, where there is no equity the judgment creditor will simply sit on his lien until there is an attempt at sale.

Also, you say that, "I'm getting the properties back", but you don' t say how. And that is something you should also take up with your attorney.

I wish you luck, but I think you are miles away from contentment with this mess you've created.

 

[latigo]

What does your husband say about not only the uncontested divorce, but signing over his rights to those properties?

What a hollow response. (And you accuse me of lacking reading skills?!)

Have you not heard of judgment liens or transfers of assets voided because they are made in defraud of creditors?

Try getting a spark of education in the theme of this forum. And here, starting with the reading of the Texas Uniform Fraudulent Transfers Act.

 

[Proserpina]

What a hollow response. (And you accuse me of lacking reading skills?!)

Have you not heard of judgment liens or transfers of assets voided because they are made in defraud of creditors?

Try getting a spark of education in the theme of this forum. And here, starting with the reading of the Texas Uniform Fraudulent Transfers Act.

Why yes, pumpkin, yes I have.

Alas though, my dear, your spark seems to have..fizzled, somewhat.

 

[stealth2]

Why yes, pumpkin, yes I have.

Alas though, my dear, your spark seems to have..fizzled, somewhat.

You two make such a cute couple!

 

[Proserpina]

You two make such a cute couple!

Him lurve me

 

[stealth2]

Him lurve me

I could tell!

 

[OHRoadwarrior]

Him lurve me

Me thinkth he need anger management classes.

 

[Just Blue]

Me thinkth he need anger management classes.

Pot meet kettle.