If my ex signed a warranty deed agreeing to make house payments as per our divorce but she is nowbehind, what are my rights?

In my divorce, my spouse and I both signed a deed allowing her to take possession of, and make payments on, the house mortgage. The house was originally purchased in my name alone because her credit was bad. At the time of the divorce, 4 years ago, we owed $190,000. Now it is at $170,000. Last month, she was 3 days late with the house payment. This month’s payment was due on the 1st. It still has not been made and the mortgage company is constantly calling me. Additionally, she has not paid the property taxes. They were eventually paid by the mortgage company using escrow money; her house payment is going way up net month. I want to protect my perfect credit and need to know how to proceed. If she hasn’t paid by the middle of the month, I don’t want it to hurt my credit anymore. Can I go ahead and make the payment without that hurting me in the long run if I have to take her to court? What kind of attorney would I need to hire? Should I go ahead and hire one now? Do you have any suggestions on what would be the best way to proceed to protect myself and my credit?

Asked on July 24, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You first need to have a face to face meeting with your former wife to see why she cannot be current on the mortgage payments for the house that you are obligated on the loan.

Perhaps you will have to make the payments to protect your credit. One option is to try and refinance the loan on the property where you are no longer on it, rather your former wife is.

Another option is to sell the home. I suggest that this time you retain a real estate attorney to discuss the options that you may have as to the home that you are obligated on as to its loan.

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