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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34256
Experience:  12+ yrs. of experience including real estate law.
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I was involved in a no fault, amicable divorce, about 10

Customer Question

I was involved in a no fault, amicable divorce, about 10 years ago. As a part of that, I agreed to let my wife have the house in the divorce decree. As time went by, I paid child support faithfully. She got behind on the house payment, and the house almost went into foreclosure. The house was purchased in my name, so to protect my credit, I began to pay the house payment, and send the balance to my ex wife in the form of child support. The kids have now left the house and are in college. I have recently stopped paying child support, and have shifted the house payment schedule back to her.
IF she gets behind on the house, it will negatively affect my credit score I am trying to figure a way to free myself from this trap. I know that the loan is still "mine" by default. But is there some legal means that I can go through to get out of this trap, or is letting the house be foreclosed on my only option to get out from under this loop ?
Corpus Christi, Texas
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Sir, can you tell me,

1. How does title to the home read? Since you are on the loan, are you the sole owner on the title?
2. Is there equity in the home?

Customer: replied 1 year ago.
On the title I am the sole owner, as it reads on the Title
Yes, there would be some equity, although she has not kept the house up for routine items nor upgrades.
I have flipped some houses in the past, and I would guess that were one to sell this house as a FSBO, it would likely have 20K in equity.I look forward to your response.Doug Posey, DVM
Expert:  P. Simmons replied 1 year ago.

Thanks sir

One more question please. You mention you are on the title to the home.

You also mention that you let your wife have the home in the divorce.

In most cases, the divorce court will order a change of title to the home. This allows the person who is awarded the home to take the order to the county to have title changed. And if there is a loan, the court will usually require the new owner to obtain financing.

Did your divorce court order that she be named on the title, and, if required, refinance? If so did it give a timeframe to accomplish?

Or was this not mentioned in the decree of divorce?