divorce and deed of home

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divorce and deed of home

I was granted the home on the divorce but because my credit is bad, the loan had to stay under my ex-husband’s name. He paid off the house and he made me sign an agreement that I have to pay him until the house is paid off. He had it notarized. The deed is under both of our name. Do I still have to pay him, or the house is mine with no financial responsibility since he paid it off?

Asked on August 3, 2018 under Family Law, Texas

Answers:

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

Answered 2 years ago | Contributor

You own the house because the divorce decree awarded it to you.  However, your liability to your ex-husband will turn on the validity of the agreement he drew up and you signed and the terms of the original divorce decree.
Some decrees and agreements are enforceable and some are not....you need to take both documents to a family law attorney and have them review the decree and the agreement for it's enforceability.  Depending on the wording of the agreements, a court may consider his payoff of the house a mere "gift".  If the agreement clearly indicates that the payoff was not a gift and you received "the benefit of the bargain", then some courts will find that you owe the funds either by a contract or by equity (a fairness principle). 


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