Legal Question in Family Law in Texas

Need Court Document Proving Not Married

I am in a situation where when I purchased my home I was listed as a Married Woman on the title. I was not married at the time but since my boyfriend was with me.. everyone assumed he was my husband.When I went to close on my house.. I told them that he was not my husband and that he needed to be removed. His name was scratched off and I was told that the rest of the paperwork would be fixed when they got back to office. Problem is they only fixed half of the papers not all. I never realized this until recently. So now I am attempting to refinance my house however he has a tax lien against him. I had to get a tax attorney to file a certificate of non-attachment with the IRS. The problem is that the IRS reconizes the mistake and says a corrected title will solve the issue. They agree the debt isnt mine. However the title company is fearful of liability and states the only way I can get my house refinanced is to get a court document stating that I am not nor never was married at the time of my home purchase. When I asked the tax attorney about this she said she had not heard of that kind of document. What form is it that I need?


Asked on 5/09/06, 6:46 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Need Court Document Proving Not Married

Actually, I agree with the tax attorney, and do not think such a proceeding exists. It seems that a better course of action would be to retain a real estate attorney, who would present evidence of the error to court, and get an order removing the cloud on your title. Additionally, you may have a claim against the title company that issued your title at the time of the closing.

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Answered on 5/10/06, 10:08 am


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