The Colony, TX asked in Divorce for Texas

Q: My ex got the home in the divorce, only me on mortgage, but we are both liable for payments. What happens if we defaul

We are also both liable for upgrades to the house that we made before the divorce. The decree does not specifically state that the house needs to be refinanced in his name only or sold. If one of us can't make payments, will there be a foreclosure? Will one of us owe money somewhere? My credit would take the hit, correct?

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1 Lawyer Answer
Mr. Charles C Guidry
Mr. Charles C Guidry
  • Cypress, TX
  • Licensed in Texas

A: If you did not have a Deed of Assumption signed at the time of the decree, your credit would be in jeopardy, because both of you would have joint obligations for the mortgage. Your ex would have to refinance and at that time remove your name from the mortgage.

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