If our divorce decree stated my ex-wife got the house but was to get the mortgage out of my name within a reasonable amount of time, if she still hasn’t done so how do I enforce my rights?

We have been divorced for 12 years. She has been able to get additional loan improvements without my signature and now owes more on the property than it is worth. The lienholder will not take me off the note to insure a responsible party. This home has been in foreclosure several times which has destroyed my credit. Do I have any form of action and more so how can I make her take my name off the note?

Asked on June 19, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to file a motion to enforce the property division or any actions set out in the motion to enforce.  Depending on how your divorce decree is worded, you may also have an action for breach of contract.  Some decrees are based on settlement agreements.  If your decree included contract remedies, this would be an additional remedy.  However, since you have been divorced for 12 years, you may be running into a statute of limitations issue in Texas depending on the date of her last breach.... so you really need to get into to see an attorney now for an enforcment action/consultation.

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