Texas  |  Family Law

Legal Question

Asked on: 9/25/07, 9:15 pm

Middle of a Divorce - Want out of Mortgage...

My future ex-husband and I are in the process of a divorce...we are now working on the Marital Settlement Agreement (MSA) - Disposition of Property (Marital Real Property).


He purchased the house in 1994 before we got married and he is the sole owner to the house. We were married in 1997; however, he did not put my name on the deed nor mortgage. With each passing year (asking him to add me), he has never added my name to the deed of the house. 2005 we refinance the house but he DID include my name, but only on the mortgage (again not on the deed to the house). Early 2007 we decided to divorce.

Several questions:

1) Am I entitled (have true ownership) to the house?

2) Can I be removed from the mortgage (as to not be binded/tied to this obligation/liability of which I have no ownership) as part of the MSA? How can one be removed?

3)The house is already on the market for sale...what happens if it does not sell OR if he decides to pull out from the market and stays living at the house. Am I responsible for the mortgage long after the divorce (Note: I plan on moving out soon after the finalization of the divorce, which means before the sale of the house...)?

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