Legal Question in Credit and Debt Law in Texas

Legal Responsability of House During Separation/Divorce

My husband and I are both listed on the mortgage loan of our house. We are separating. I am wondering what happens if one of us stays in the house and the other one leaves? Would the person who left be responsible for the mortgage still or could that person be relieved of their responsability some how (prior to the finalization of the divorce)?


Asked on 3/05/03, 4:14 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Legal Responsability of House During Separation/Divorce

You'd have to get the lender to agree (in writing) to look to the one party instead of both. They might do it, but I doubt it.

Despite whatever agreements you and your spouse may come up with as part of the separation or divorce, the lender will not be bound by it. You both will remain liable, unless you've gotten that agreement from the lender.

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Answered on 3/05/03, 5:42 pm


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