Legal Question in Family Law in Texas
My ex-husband and i were divorced as of September 2011, and it came to our attention a few months ago that my name was still listed on our land deed. We never even had thought about stating it the divorce for me to be taken off, now he needs my name off in order to get a loan out on the piece of land. Can someone please help me and point me into the right direction as far as what i have to do and if its necessary for me to have to have an attorney?
1 Answer from Attorneys
The best thing to do is for you to sign a "Special Warranty Deed" which would take you off the ownership of the house. Some people will tell you that you can sign a "Quick Claim Deed" but title companies do not like "Quit Claim Deeds" so I'd sign the "Special Warranty Deed."
You should have a lawyer draw up the deed if you can, but I'd make my ex pay for it because he's the one who needs it. Of course, if he's trying to get your name off any loan associated with the house, it's in your best interest to get the deed filed as well.
I could not find a free form for Texas when I googled around for a few minutes. I would charge someone $250 to draw up a special warranty deed, so maybe you can use that as a guideline and shop around. The attorney does not need to be in your area, so if you find an attorney you want to work with and that you can afford, don't worry about where they attorney is located. He or she can email the deed to you.
Good luck!!
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