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Divorce Decree states husband will pay MY credit card debt..


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Mentioned credit cards are in MY NAME and MY NAME ALONE. I did not want (couldn't afford the house), he obtained a 0% interest credit card in his name alone, transferred HIS balances to this new card, closed his card accounts.

States in divorce decree that he will payoff MY credit cards from the equity obtained in the sale of the house (he wanted to keep the house, therefore had to 'clear' his credit rating so he could re-finance).

He has now presented me with a "General Warranty Deed (Cash)" INSISTING that I sign it (Notary Public is blank!). I told him I would meet him at the title company to sign and not until MY credit cards were paid off. His reply, "Where do you think the money is coming from to pay them off?"

This much I KNOW, no matter WHAT the divorce decree states, these cards are, and have ALWAYS been in my name alone. Therefore, once I sign-off on the house, he would then have NO REASON to pay the cards off - correct??

Is there an affidavit, a form, something other than the divorce decree and 'his good word' that I can obtain to ensure that he does pay these cards off?

Tired in Texas ...

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I would contact the title company and give them a copy of the divorce decree.

In most cases-and I suppose Texas is the same-the title company can/will make out all the checks to the parties concerned. In this case, they would make several out to the credit card companies at the time of refinancing and make it part of the total package. They are the ones that will dispurse the checks on the refi. Just make this part of HIS refi deal. You can always get nasty and say you won't sign and will go to court and put a lien on the house if it's not taken care of because he'll be in contempt if it's in the decree.

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Type up a written contract outlining what you just described. State in the contract that for signing the General Warranty Deed dated xx/xx/xxxx, and receiving a copy of the General Warranty Deed, husband will adhere to the terms as put forth in the divorce decree, especially paying off the following within X days:

1. credit card a, account #, balance of NOT LESS THAN $x.xx

2. credit card b, account #, balance of NOT LESS THAN $x.xx

3. credit card c, account #, balance of NOT LESS THAN $x.xx

Include lines for your printed name and signature, his printed name and signature, and the date. Make 2 copies of the contract and both of you sign both copies. Give him one copy and keep your copy in a place where it will not be harmed.

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Here are two good references:

http://www.creditinfocenter.com/divorce/divorcedecrees.shtml

http://www.creditinfocenter.com/divorce/protectcredit.shtml

However, I definitely woundn't sign the quit claim deed on the house. I'd either

a) collect your half of the equity and let him refi it in his own name or better yet:

B) collect your half of the equity and let him refi it in his own name or better, and get a lien against the property for the amount of the credit card debt he is supposed to pay. You can draw up an agreement between the two of you which is a promissory note from him to you and it puts up as collateral the house. When you get it signed and notarized, you file it with the country courthouse so there is a record. That way you are covered.

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been through this in texas...wert and the lawyers are right. notify the title company of the encumbrance and ask for your checks at closing. they will have them ready and hand them over when you sign.

property in texas cannot be transferred if there is any kind of claim owed against it.

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