Can I be forced to change my mortgage to my name after a divorce?
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Can I be forced to change my mortgage to my name after a divorce?
I was divorced 8 years ago. The courts awarded me one of our houses, my homestead. The
mortgage is still in my ex-wife’s name. She insists that I refinance or sell but that would be impossible due to my bad credit. Does she have the authority to force me to do so?
Asked on May 15, 2019 under Family Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unless required to do so per the terms of your divorce decree (which you have not been), you are not legally required to change the mortgage out of your ex-wife's name. Only the mortgage company could make such a requirement and force you to refinance.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Your question is answered by: "The divorce decree does not specify that I am required to do so." You have to do what the court orders. You only have to do what the court orders; you do not need to voluntarily do more than was ordered.
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