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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30178
Experience:  Attorney with experience in family law.
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I live in Texas. I was divorced in 2011 at which time I moved

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I live in Texas. I was divorced in 2011 at which time I moved from the home. My ex-husband remains in the home. My name is XXXXX XXXXX the mortagage because he is financially unable to refinance. He has not paid me the money he owes me for my share of the property. He is now in arrears on the mortgage payment which is effecting my credit.
The decree states that he is award the property as his "sole and separate property and that I have divested all right, title, interest, and claim in and to the property. My question: since my name is XXXXX XXXXX the mortgage, can I take any action to make him sale the property.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If the court order said that he must sell or refinance the property, and he's not making reasonable efforts to do so, then you have the option of asking the judge to find him in contempt of course. Unfortunately, you would not be able to force a sale without going back to the divorce court judge, because the divorce judgment took away your ownership interest, and other judges are bound by that order. They can't just look at whose name is XXXXX XXXXX mortgage or the title.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 4 years ago.

Thank you for your help. Let me make sure I understand. If the the decree does Not say that he must sell or refinance ( which it doesn't) I really have no recourse?

The only thing you could try is a Motion to Amend, asking the judge to change the divorce decree to order him to make reasonable efforts to sell or refinance. The judge can't make a bank give him a loan but can order him to at least try to get one in his name only.
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