Legal Question in Family Law in Texas

I got divorced back in 2007 my attorney put on the paperwork that I get the house in the divorce and my ex is divested from anything that has to do with the house, title, property tax etc... Was my attorney supposed to provide paperwork for my ex to sign to get him off the mortgage loan and deed and everything that goes along with that or was that my responsibility? i was told it was mine but I don't understand why they didn't draw up and documents for the divorce proceedings. Any information is helpful, thanks!


Asked on 4/07/10, 9:21 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

It would have been helpful if Dad had been asked to sign a quitclaim, but it isn't absolutely necessary. You can record the divorce decree in the deed records as a muniment of title. Unfortunately, they'll charge you $3 per page.

In the alternative, any lawyer can cook up a quitclaim, if Dad is willing to sign it.

There's no document that a Judge or anybody else (other than the bank) can sign or issue that takes Dad off the mortgage. You have to refinance to do that.

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Answered on 4/12/10, 12:19 pm


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