What can I do if there was a violation of my divorce decree? 2 Answers as of June 20, 2011

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?

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Reeves Law Firm, P.C.
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
Replied: 6/20/2011
Lyttle Law Firm, PLLC
Lyttle Law Firm, PLLC | Daniella Lyttle
You need to file for enforcement of your decree. Be careful, if you wait too long to enforce the terms of your divorce decree, you may permanently lose the right to do so.
Answer Applies to: Texas
Replied: 6/17/2011
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