Eight years ago I divorced. Uncontested in Texas in which I deeded over the home to my Ex.I am the signer and he is co.It has been eight years and now I am ready to purchase a home however I am still on this note how can I work around this?

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Eight years ago I divorced. Uncontested in Texas in which I deeded over the home to my Ex.I am the signer and he is co.It has been eight years and now I am ready to purchase a home however I am still on this note how can I work around this?

Its to my understanding that he has refinanced once.

Asked on November 4, 2019 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can only get off the note if he refinances without you or pays the note off otherwise. The mortgage is a contract among you, your ex, and the lender; it can only be changed, including to remove a person, with the agreement of all parties and the lender will never agree to let one of the people who has pay the note and who could be sued for the money out of her obligations, since that hurts the lender's interests by reducing the numbver of people who must repay it. Thus, the necessity to have the note repaid or refinanced without you.
If in the divorce, there was a settlement or decree requiring him to refinance or otherwise remove you from the mortgage, you can enforce that against him. How you enforce it will differ if it was a voluntary settelement or a court order. Consult with a family law attorney about how to do this, if there is a decree or settlement obligating him to take steps to remove you.


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