Home Selling in Texas>Question Details

Amy, Both Buyer and Seller in Texas

My ex husband wants to be released from our morgage loan. Will an assumption warranty deed heop us do this?

Asked by Amy, Texas Sun Jul 6, 2008

We were divorced 7 months ago and were going to live in the house until it sold. However, now that the market is so bad and it has still not sold, he is wanting to be released from the home to buy another for himself. We were told that the only way to do that would be to get an assumption warranty deed. All of the information I have read from others said that this is not possible. We live in Texas. Is this possible to do?

Help the community by answering this question:


Your husband can buy a new home anytime as long as you were awarded the home in the divorce. If the home was not awarded to you then the home must be refinanced or sold in order to completely remove his name.

One more thing, even if the home was awarded to you in the divorce, assuming both of you were on the mortgage note when you bought it, his credit will continue to be affected by it until it's sold or refinanced.

I hope this clears it up for you but if you have more questions let me know.
Steve Ferguson
0 votes Thank Flag Link Tue Sep 30, 2008
There are special loans that will allow your ex to be paid off and have his name removed from the deed and loan. Of course you would have to be approved for the new loan. Talk to your mortgage lender they should know about the loan program. Where in Texas are you, I might be able to refer you to somebody.
0 votes Thank Flag Link Mon Sep 29, 2008
Dear Amy... Look to your final divorce decree to see what the the court ordered with respect to the disposition of the house and the mortgage. If there were no provisions made in this regard, you should contact the attorney that handled your divorce and ask him for his advice on how to handle this matter.
Web Reference: http://www.YvonneBaker.com
0 votes Thank Flag Link Sun Jul 6, 2008
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