If my spouse received the house in the divorce but is past due on the mortgage and has never taken my name off the property, is there a way to go back and reverse ownership of the house?

Asked on October 28, 2015 under Family Law, Texas


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

Answered 5 years ago | Contributor

Your options depend on the wording in your final decree of divorce. Some will include provisions that say a house will be sold if the person awarded the house falls behind.  Basically, your remedy depends on your decree.  If you don't have a turnover or forced sale provision.... then you can still file a motion to enforce the decree.  The only problem will be the extent of your remedy-- your only remedy may be obtaining another order that tells your spouse to refinance the loan and an award for attorney's fees for you.  To exactly know the extent of you remedies, take your decree to a an attorney or legal clinic and let them review it so they can determine if there are any specialized remedies in your final decree.

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