Texas Divorce Question

[Shepx]

Thanks, I appreciate that. Every lawyer I've talked to says she has nothing to contest. We were common-law married two years, no kids, 2 cars and a house.

I don't understand why a judge would order you to pay the note on her house if she has an income.

Actually, you didn't say. I have to imagine that if she's currently working, she's making far more than you. I was USAF and at E-5 I wasn't making more than $1400 per month, WITH allowances.

And if $50 is all it takes to request a jury trial, it's no wonder the courts are clogged with cases.

 

[kdowd771]

Yea its funny how things go like that. We have very little to contest. Actually its a no brainer. She can't get a loan on either house by herself. So obviously they would both be sold. I wanted the houses (to sell) She could have the cars. Which were both paid off. I even was going to let her have ALL the property and $5,000 in cash. Nope not good enough. She wants a check for $20,000 does not matter that I have no money and no way of getting it. Might as well be asking for $100,000. can't get it. So we stumble along slowly towards a jury trial. I am E-6 and even though the pay rate has changed over the years with living expenses and the stuff I am ordered to pay on I have $24 left over. That is paying the minimum on everything. Yep we sure are making progress doing it this way!!!
I am filing for chpt 13 protection right now. Will end up giving up my rights for the 2 houses but I won't have to make the payments anymore. Then the pressure in on her. Either pay the mortgage of $1234 or get out. Since she can't afford it I imagine she will petition the court and all these games she is doing will come out to light.
I laugh about ALL THIS NOW. If I don't I think I would go nuts!!

 

[Shepx]

Thanks again. I sympathize with you, but maybe Chapter 13 is your best option now. I can't imagine being able to pay the note on two houses while waiting for them to sell.

In my case I don't want, nor can I afford, the house. Neither can she. I don't know if she wants it...but I"m sure she doesn't want to ruin her pristine credit score.

I'm having a tough time figuring out whether I am obligated to continue paying half the mortgage on this house.

Good luck on the jury trial...

 

[kdowd771]

hey I have a temporary court order saying I have to pay on those 2 mortgages and car note. Bu the chpt 13 will make them null and void, according to the bK lawyer. My psychotic wife has great credit rating and has always bragged about how great it was. Yet she is in debt up to $45k on credit cards. Not sure if she will file though. When I met her she had over $60k and did not file so who knows what will happen

 

[Shepx]

I hope Boxcarbill will see this...

Just received the copies...I did not sign the Note, but I signed the Deed of Trust and a PUD rider.

Am I obligated legally to keep paying this mortgage?

And, perhaps most importantly, am I obligated by virtue of the fact that I am married, to continue payments on this home?
In other words, at a hearing in which Temporary Orders are issued, is the judge likely to order me to continue paying?

She lives elsewhere, I am in the home currently. I want to move out.

Many thanks

 

[Boxcarbill]

Actually, Boxcarbill, he was disbarred in the 80's, and reinstated in '96. He is a member of the bar. I had his report faxed to me.

He mailed the petition to me.

He pulled the wrong form when drafting the petition, however. It was the form for "Attorney for Respondents". I pointed this out to him (by phone) before I filed it. I replaced the phrase with "Petitioner". His signature, name, State Bar number, mailing address, phone numbers and email address appear on the line under "Respectfully Submitted".

The clerk noted this, and filed it.

The Discovery Level section may interest you.
It states,
"Discovery in this case is intended to be conducted under level 1 of rule 190 of the Texas Rules of Civil Procedure. This is an uncontested divorce and Petitioner believes the parties will [another hand edit I had to make - "agree"] to a division of the community property. It is anticipated the case will be submitted on an Agreed Statement of Facts."

At any rate, other issues have arisen. I rather expect that this will not proceed smoothly as uncontested for various reasons, the most interesting one being that I am reasonably sure that I did not sign the Note for the home. The bank has verified that my wife is the sole borrower on the loan. I am on the deed, however. I really don't know how these facts figure into the mix. Neither of us can afford the home by ourselves. I certainly don't have any interest in keeping it, nor want any claim to any portion of it. When she mentioned the possibility of foreclosure, I initially balked. Later, the reality started sinking in and I told her that the idea is looking more attractive every day (it's a buyer's market here...it's not going to sell any time soon). She is being advised, obviously...she told me that I could sign a quit-claim deed and pay her for half of the estimated upside-down on the house were it to be foreclosed on, and that she would discount the selling price by that amount and sell it...and continue with an uncontested divorce. Which, of course, she could reneg on at the drop of a hat.

Sounds raw to me, but what do I know? I have not responded to that, yet. I don't even know if I can legally just move out and stop paying for my half of the mortgage. Currently, I reside there and maintain the place.

At the moment, I have this lawyer's activities on hold. He has not contacted her nor sent her a copy of the petition.

Tomorrow I will receive a copy of the Note on the home, and will know with certainty whether or not I signed it.

Boxcarbill...if I did not sign that Note, am I obliged to continue paying the mortgage payments? Lawyer says, "absolutely not".

If not...and I do stop paying, is that likely to affect me adversely?

Many thanks,
Shep

Sounds great if she can get you to execute a quitclaim or special warranty deed, which gives up any interest which you may have in the property and if your name is on the deed you most certainly do have a legal interest in the property, and gets you to pay her to give up your interest! Why would anyone do such a thing! Why would anyone think for a moment that another would agree to such a thing!

If your name doesn't appear on the mortgage note then you are not responsible for payment of the debt except to the extent that the real property is collateral which secures payment of the note. So in the event of foreclosure, both of you would lose any equity that is in the house.

Of course you can legally move out. Before I would let a foreclosure take place, which adds additional cost, I would notify the mortagage company, bank or whoever that I would deed the property back to them in lieu of a foreclosure.

 

[Boxcarbill]

And, perhaps most importantly, am I obligated by virtue of the fact that I am married, to continue payments on this home?
In other words, at a hearing in which Temporary Orders are issued, is the judge likely to order me to continue paying?

She lives elsewhere, I am in the home currently. I want to move out.

Many thanks

I addressed this in another post, recently. However, I will do so again. Let's assume for the sake of argument that the Judge orders you to make the house payment. Let's further assume that you don't. What will happen (besides the obvious foreclosure). Your wife jump up and down; call you every name in the book; probably call every friend, neighbor and relative that you have or possibly will ever have; perhaps, threaten to do serious bodily injury. She may even think that she can take you to court for contempt and have you jailed.

Wrong. Payment of a mortgage is in the nature of a debt. As such it cannot be enforced by contempt as child support and/or spousal support can. We abolished debtor's prisons so failing to pay debts cannot be enforced by contempt. The exception: If there are funds in existence at the time of the order and the court orders that it is from these specific funds that the debt is paid, then the order is enforceable by contempt. Realistically, most people's credit goes into the tiolet after a divorce. The number one reason for failed first marriages is money. And divorce does not improve the finances. So everyone that didn't pay off the creditors was sent to jail, we couldn't build prisons fast enough to keep up.

Now, if one party in a divorce is ordered to pay a debt and doesn't and the other party does pay it , then that party can sue the other party for reimbursement. Of course, the reality is that if the person could pay the ex reimbursement, the person would have paid the creditor.

 

[Shepx]

Boxcarbill, I can't thank you enough for repeating yourself here, it's very gracious of you. I have read every post in this forum which pertains to my question by using keyword searches, and I've found your responses in particular very insightful and on target.

I guess until one sees another's logic applied directly to their own situation, it's difficult to draw solid conclusions; to shed that uncertainty.

The only reason I think she would make this offer (or be advised to) would be if the house were upside-down. Realistically, it may be...but that cannot be determined until we get an offer and sell the thing. We are near the break even point on this home, no doubt about that.

So, my interest in the thing may not be worth more than a few bucks positive or negative.

Thanks again for the information...it's much appreciated.

Shep