What can I do if there was a violation of my divorce decree? 2 Answers as of June 20, 2011One 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?
Reeves Law Firm, P.C. | Roy L. Reeves
You can file a Motion to Enforce. As a sanction for not following the terms of the decree (a Court Order) you can ask for a date certain, you can ask to be given the house, or you can ask for other appropriate relief. Did you get a Deed of Trust to Secure Assumption?
Answer Applies to: Texas