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Me and my ex wife have been divorced for 3/4 years. In the Divorce she assumed the mortgage on the home and a home improvement loan that ties in to the mortgage on the home. The divorce decree says this also. She is always late on the home improvement loan swimming pooland I am the one that get constantly hounded by the lender. The loan was in my name as the one the loan was made to. They say she is not the responsible party on the loan and that I am. I tell them, I don’t live there and no way in hell I will pay them anything. She does make the payment in her own time. So my question is how do I get this off me and on to her??? This also same on the home loan also ??

Asked on January 5, 2017 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't. Since you are the one who signed for the loan, then you are the one responsible for paying it. This is true even though she assumed responsibility for the mortgage and home improvement loan in your divorce. The fact is that the lender lent to you not your wife. And since they were not a party to your divorce action, it has no legal bearing on them or the money that you owe them. That having been said, your divorce decree was legally binding on you and your wife. Accordingly, you can sue her for any amounts that you have to pay on her behalf.


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