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nin04
Jun 16, 2011, 05:28 PM
One of the terms of my divorce decree was for ex-spouse to assume home mortgage which is currently under my name. Additionally my decree stated that ex-spouse shall execute any and all documents and perform all acts necessary to remove me from the mortgage related to the real property. It's almost been a year and he has not assumed loan. He is telling me as long as he makes payments on time he does not have to assume that loan. Can I sue him for violation of divorce decree in the state of Texas? Also, at the point will judge tell him to refinance loan under his name?

Fr_Chuck
Jun 16, 2011, 06:30 PM
Yes you may take him back to court for contempt.
Just making the payments is not assuming it.

Now of course if he can not get a new loan, if he proves he has tried and is turned now, it may not be any other way.