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I own a home in Midland Texas. I pay all of the mortgage…

Customer Question
I own a home...

I own a home in Midland Texas. I pay all of the mortgage escrow, utilities, etc. the loan has him as the prinicipal and I am on the deed what rights do I have? He’s extremely abusive and net worth of over 4m, yet I pay for everything. His family is here all the time.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Yes, sorry. It is in Texas

Lawyer's Assistant: Has any paperwork been filed?

Yes, but totally unsure of anything other than credit report authorization

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need to close onthis

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 3 hours by:
12/26/2017
Real Estate Lawyer: Michael Gonzalez, Lawyer replied 8 months ago
Michael Gonzalez
Category: Real Estate Law
Satisfied Customers: 609
Experience: Managing Member at Perez-Mena & Gonzalez, LLC
Verified
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.Generally speaking, the house goes to the spouse who is awarded primary custody of the children, but this is by no means a rule. The idea behind this is to have continuity and stability in the children’s lives, as divorce can be such a rough time for them. However, where the children go is always dictated by what the court finds to be "in the best interest of the child," and if staying in the old house isn’t in the kids best interest, then the parent with primary custody won’t get the house.
If there is a mortgage on the house, the court may look to see which spouse can afford the mortgage payments. In such situations, not uncommon for the court to include in its final divorce decree an order that the house must be refinanced by the spouse to whom it was awarded within a set number of months or else it must be sold. The court cannot order that the other spouse’s name be taken off the loan, and many people going through a divorce don’t have the money laying around to qualify by themselves to have their house refinanced. Also, even if the spouse CAN qualify for refinancing, there must be a way to make sure he/she does not drag her feet getting it done. This is why the "refinance or sell by date" is a good solution. If refinancing cannot be acquired in a timely manner, the house must be sold, hopefully at a price high enough that both spouses will be off the hook for the mortgage.
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Real Estate Lawyer: Michael Gonzalez, Lawyer replied 8 months ago

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Michael Gonzalez
Michael Gonzalez, Lawyer
Category: Real Estate Law
Satisfied Customers: 609
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Experience: Managing Member at Perez-Mena & Gonzalez, LLC

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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