If my ex-husband is filing bankruptcy and 2 years ago in our divorce I deeded him property where all mortgages are still in my name, what do I need to know?

Asked on June 26, 2012 under Bankruptcy Law, Texas


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

Answered 8 years ago | Contributor

The most important thing you need to know is that you are still on the hook for the mortgage.  Even though he was awarded the property and the associated debt, you name was on the financing agreement.  The mortgage company was not a party to your divorce and, therefore, is not bound by the provisions of the divorce decree.  This means that if he defaults on this note and the house is foreclosed on, that it will impact your credit rating as well.  You relief is to take him back to divorce court and sue him for violating the agreement.

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