Keene, TX Divorce Law Firms & Lawyers

Your mortgage was a contract entered into with a third party during your marriage. Your divorce has no effect on that third party contract. You must negotiate with the bank yourself if you feel you should no longer be responsible for the debt you entered into. Your divorce decree could have mandated a sale of the home, but it sounds like it did not.

As long as he doesn't contest it, it should be easy. You still have to file the complaint and have him served. Do it when he is in prison so you will know where he is.

There are forms that must be filled out to withdraw money from the account. You would likely not be able to access his account without his permission. Proof of his signature as well as other documents from the fund manager would likely suffice to show that he gave authorization. Also, the more important issue would probably be to trace what happened after the money was withdrawn. For example, if the money was used to take care of the household, it may not matter to the court. But if the money was used for one spouses benefit, the court may use that to equalize things in the property division. If you both have attorneys they will certainly make arguments concerning the withdrawal of the funds.