What do I do if my ex-husband was awarded the house in the divorce but the loan was in my name and he stopped paying it?
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What do I do if my ex-husband was awarded the house in the divorce but the loan was in my name and he stopped paying it?
The decree stated that he was supposed to finance the house to get it out of my name but never did. Then he stopped paying 5 years ago. After going in circles with legal advice, I decided to wait for foreclosure to deal with it. The house wasn’t foreclosed on from what I understand but was auctioned and the amount charged off. However, since it’s over the small claims amount, where do I start?
Asked on January 21, 2016 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You need to start with looking into an enforcement action. If his actions harmed your credit, which mostly likely it did, and if creditors have or are coming after you, then you have a claim against your husband for failure to comply with the terms of the divorce decree. If you had to pay any amounts because of his failure to pay, you can also ask for reimbursement of those funds. There is a statute of limitations on enforcement actions... so you need to make sure that you visit with a family law attorney about your options and to make sure the options are still viable because some time has passed.
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