Legal Question in Family Law in Texas
Divorce
me and my husband have lots of real estate property that we carry the note on, we recently got divorced and he is giving me 3 properties, I need to know what form needs to be filed to take the property out of his name and be put into my name, we live in the State of Texas.
2 Answers from Attorneys
Re: Divorce
Bet you did your divorce yourselves. This should have been handled prior to the divorce being finalized.
You can use individual Special Warranty Deeds to transfer the title to each property into just your name and individual Deed of Trust to Secure Assumption to protect your ex from any default on your part. Any change to the loans will have to be negotiated with each individual mortgage company.
Re: Divorce
Your divorce attorneys should have had handle that for you all; conversely, if there are mortgages, you would have to qualify for yourself in order to get the note solely on your name, and there is nothing that the court can do.