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    nin04's Avatar
    nin04 Posts: 4, Reputation: 1
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    #1

    Jun 16, 2011, 05:28 PM
    violation of divorce decree
    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    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.
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