Legal Question in Family Law in Texas

In Texas when filing a special warranty deed, can you put in that document that the spouse recieving the property is liable for the mortgage also ?


Asked on 5/24/11, 12:40 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

No. Both spouses signed the note and the divorce does not take away that liability to the mortgage company.

As between the spouses, the liability can be assigned, but if the receiving spouse defaults, the mortgage company can go after the other one. It will affect the credit history of both spouses.

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Answered on 5/24/11, 9:46 pm


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