The court cannot order a bank to give a loan, but having it in writing allows you to file a motion to enforce the decree if your ex-spouse does not refinance in time. It is best for the spouse keeping the house to sign a Deed of Trust to Secure Assumption promising to pay the mortgage until they can refinance.
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If one spouse plans to live in the home after the divorce, the court can order, or the spouses can agree to have, the spouse who remains take over the financial responsibility of paying the mortgage. However, there are few laws that specifically govern refinancing for a divorce situation and such refinances can be complicated.
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Texas Refinance Using Owelty Loan or Lien for Divorce. Texas is a common law state and if you are married and own Real Estate that is considered your primary residence, and you likely homesteaded this property, both spouses have equal rights to the equity in the home. Equity is the value of the home minus the mortgage loan amount. The Owelty.
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4301.7: Texas Equity Section 50(a)(6) Mortgages (08/17/16), (b) Eligible Mortgages ("A Texas Equity Section 50(a)(6) Mortgage must be one of the following, depending on the applicable facts: A cash-out refinance Mortgage, as described in Section 4301.5, or a "no cash-out" refinance
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.
I’m in contempt for not refinancing home to remove ex-wife’s name from loan. She is now taking me to court. What are my options? Ex-wife and I divorced in 2010. Divorce decree stated I had 2 yrs to.
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