If I gave my husband the house in our divorce but he’s behind in the mortgage payments, can I get the house back?

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If I gave my husband the house in our divorce but he’s behind in the mortgage payments, can I get the house back?

He never refinanced. I moved back in for 2 years and now he’s kicked me out. I am still financially responsible as he cannot refinance. He is way behind in the payments and will probably lose it. I am financially able to pay the mortgage.

Asked on January 5, 2016 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

Most of your options will be included or limited by your final decree of divorce.  Many decrees have a provision that requires refinance within a certain time frame and if the spouse cannot refinance, then they can be forced to sell the residence.  So as a starting point, look over your decree for any potential remedies.
At the very least, the decree should require that the mortgage is his responsibility.  If he fails to pay as ordered, then you can take him back to court to enforce he decree and see if the judge will impose a sell provision in the event that you don't already have a sell provision in your decree.
If you're not sure what your decree provides, then take a copy of your decree to a family law attorney and let them explain you any specialized provisions that may be available to you.


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