Legal Question in Family Law in Texas

I will be seeking an online divorce in the state of Texas. What happens to the house loan that is in both of our names? My husband will not be able to refinance because of bad credit. I am afraid of the repercussions of him not making the house payments and tax payments. Is there anyway to get my name off of the loan if I agree to let him have the house?

Asked on 12/24/10, 3:37 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

The only way to "get your name off the loan" is with the cooperation of the lender, and that means refinancing. The lender isn't a party to the divorce, and a judge can't sign a decree that changes the lender's rights. He (the lender) wants to have TWO people on the hook for the mortgage.

The alternatives are:

1. Let your husband have the house, and hope that he will make all the payments on time (which will preserve your credit rating). Your own credit report will show that you have an outstanding mortgage, which will affect your ability to get a home loan.

2. Ask the Judge to order the house sold, and the proceeds divided.

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Answered on 12/29/10, 7:06 am
Fran Brochstein Attorney & Mediator

If you own a home, then I advise you to hire an attorney. Using an on-line kit might cause more problems then trying to save some money now.

If he does not make payments, you are going to ruin your credit and it might cost your thousands of dollars later to hire an attorney and try to force him to sell the home later.

Please hire an attorney to do it right the first time!

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Answered on 12/29/10, 8:51 am

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