How can my wife use a Motion to Enforce to have her name removed from her ex-husband's home loan?

Asked over 2 years ago - Golden, CO

My wife was divorced from her ex-husband in Texas back in 2010. In the final decree, the section on division of property orders that the ex-husband takes possession of their house and all related financial responsibilities. He was allowed 90 days to have my wife's name removed from the note through refinancing or other means. Two years later, he still has not done this after requests from my wife on a daily basis. This is severely harming her (and now my) credit rating and our future together. There is no reason for her to still be tied to that house and his credit. She called the court and they said to file a Motion to Enforce. What would be our best option, especially since we don't live near that county in Texas where the divorce was originally filed?

Additional information

There are also some new issues that have come up since we have moved much further away from him as far as visitations with their child, who resides with us, are concerned as well as child support. Attorneys costs are a very limiting factor for us, so we need to do as much of this work as possible pro se.

Attorney answers (4)

  1. 3

    Lawyers agree

    Answered . Your wife should consult with an attorney in Texas, preferably the one who represented her at that time.

    John H. Barrett 728 Pearl St. Boulder Co. 80302 303-443-6924
  2. 3

    Lawyers agree

    Answered . Mr. Barrett is correct. You need a Texas attorney on this matter. You might want to repost this on the Texas Avvo site.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  3. 1

    Lawyer agrees

    Answered . I don't know if one needs three attorneys saying the same thing, but the answer is to return to her attorney in Texas if she was satisfied with his/her representation, and if not, do an Avvo search for highly rated family law attorneys in the country or city where the divorce took place. Colorado attorneys will be of no help to you.

  4. Answered . You would file any type of enforcement action in the same court where the divorce was granted. What type of Motion to file would depend on how the divorce decree is worded. It may be possible to file an enforcment against him or perhaps a Motion to Compel him to do what he was ordered to do. Another possibility is that he attempted to refinance and was not able to qualify. This is why I include a contingency plan for these issues. For instance, you could have had a decree order that the house be sold if it is not refinanced by a certain date. If the house is endanger of foreclosure you can file a Motion to Appoint a Receiver who will have the authority to sell the house, similar to a trustee. As you can see, this can be quite complex. You should contact an attorney familiar with the court where the Decree was granted for further guidance.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce decree

A divorce decree is the order a judge will issue that finalizes a divorce after proceedings have ended.

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