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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2642
Experience:  associate attorney
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My ex refinanced our joint mortgage account to a single

Customer Question

my ex refinanced our joint mortgage account to a single mortgage account in his name only. I was not notified and was completely unaware of this. Is consent/signature not needed from both parties for this to occur?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a laywer yet?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I believe this is the only question I had
Submitted: 27 days ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 27 days ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using

In Texas, property purchased by one spouse during the marriage is considered to be equally owned by each spouse, unless otherwise stated. Likewise, debts acquired by one spouse are the responsibility of both spouses. If you want to refinance a loan on a property, a spouse will be required to sign the documents. If you were divorced when he did this, then it is permissible but this is not a negative for you and you will not lose any interest in this property. Just because he refinanced the mortgage does not mean that your interest in the house is extinguished. So basically now he is liable for the mortgage on it but you would retain your 50% interest as it was purchased during the marriage an is/was community property. If there is no order dividing marital property by the Court, it would probably be a good idea to get such an order showing that you retain 50% of the property. Your name should still be on the deed anyway.

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Expert:  Christopher B, Esq. replied 27 days ago.

Was that the answer you were looking for? Please give me some feedback if not as I want to satisfy my customers. If you are satisfied, please rate my answer as this is the only way I will be compensated for my time by the site. See "rate an answer" on the following link for how to do so:

Thank you in advance.

Expert:  Christopher B, Esq. replied 25 days ago.

Just checking back in, do you have any further questions?

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