Is there a time frame for my ex to take Financial responsibility by refinancing the property that was deeded to her?
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Is there a time frame for my ex to take Financial responsibility by refinancing the property that was deeded to her?
My ex wife took my property from me
and I did sign the deed but now she
hasnt been paying for the home and is
affecting my credit. Is there some kind
of time frame for her to put the property
under her name and or if she sells the
property do the earnings come to me
since the home was never refinanced
under her name?
Asked on April 13, 2018 under Family Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are not in a good position, unfortunately:
1) There is no obligation or time frame for her to refinance in her name unless she agreed to do so (e.g. in a divorce settlement) or was ordered to by a court (e.g. in the judgment or order in a divorce case).
2) If you are on the mortgage and she isn't, you are responsible for the mortgage, not her, even if the property was deeded to her: the mortgage is a contract between you and the lender, and what happens in your marriage does not affect that contract.
3) If you deeded it to her so that she, not you, is the owner, then if she sells it, she--and not you--are entitled to the equity. Only property owners get equity (again, unless there was an agreement or court order to the contrary).
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