Where do I sue my ex for not paying the mortgage which is in my name and secured by the house she took in our divorce?

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Where do I sue my ex for not paying the mortgage which is in my name and secured by the house she took in our divorce?

We were divorced in Fort Bend county, however we both no reside in Harris county. Do I file a motion with the county and court that presided over the divorce to reverse it’s decision concerning the house or do I file a new suit in the county where we currently live?

Asked on August 28, 2019 under Family Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You would file in the county and court where your divorce case was filed.
If your divorce decree required your ex to pay the mortgage, you can pursue contempt of court against her.
For contempt of court, you will need to file an Order to Show Cause for a hearing.  Call the court clerk to schedule the hearing.  State the date, time and department of the hearing on the Order to Show Cause.  Also file your declaration signed under penalty of perjury stating the facts supporting your claim and file any other supporting evidence.  File your documents with a proof of service (court form).  Mail a copy of your court-filed documents to your ex with a proof of service to give her notice of the hearing.  The proof of service verifies the date of mailing.  Prior to filing your documents with the court, ask the court clerk if any additional documents are required because the required documents may vary from state to state.


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