Legal Question in Wills and Trusts in Texas
My husband and his ex wife bought a house when they were married. In the divorce, all that happened was, he put the house in her name. But the loan is still in his name. It is in his divorce decree. She is making the payments on it but would not refinance. Is this going to affect my husband and I when we try to buy our home? What can we do legally to get that house loan out of his name? Can we make her refinance or sell?
1 Answer from Attorneys
Yes, it will effect his credit. Also, if the ex makes a late payment, it will hurt your husband's credit. The bank doesn't care about the divorce decree or who's name is on the title of the house. Your husband is stuck on that mortgage until the ex sells or refinances.
That being said, your husband should hire counsel to review the divorce decree to see if the ex was compelled to refinance or sell within a certain time period. If she failed to do so, he may be able to use the court to compel her to refinance or sell, pursuant to the original decree.
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