Legal Question in Family Law in Texas
Deed of trust
My husband bought a home prior to our marriage, then later refinanced and had the Deed of Trust for the house put in both our names. We are divorcing and the attorned who is the trustee said that I will not have to sign anything to remove my name from the Deed of Trust; he can remove it without my consent. Is that true?
1 Answer from Attorneys
Re: Deed of trust
You really need to get your own attorney. His attorney does not represent you or your interests. If your name is on the Deed your are a part owner and can't just be removed from the Deed. Usually, you would sign a Special Warranty Deed conveying your share to your soon to be ex. What about the mortgage, is your name on that, too? If so, you'll need a Deed of Trust to Secure Assumption to protect yourself.
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