Legal Question in Family Law in Texas

My ex-wife and I purchased a home and divorced in short order. In my divorce decree, I am required to sell the house and divide the equity in 1.5 years from now. Currently there is minimal equity (after realtor fees there would be virtually no equity), and with the economy I am concerned when the time comes to sell, the same situation may exist, or I may be unable to sell.

I am wondering if I can make an offer to buy out her interest in the house, (not sell the house). My ex-wife would agree to this. Would I need to modify the divorce decree to do this?

She is on the deed, but not on the mortgage. How would I remove her name from the deed?


Asked on 8/28/10, 4:47 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

If you make an agreement to buy her out, you don't need to modify the decree. You should make sure that the agreement is in writing and signed by the parties.

To "remove her name from the deed" all you have to do is get her to sign a quitclaim which transfers to you all of her rights in the house. She signs it before a notary, and you record it in the county clerk's office.

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Answered on 9/03/10, 7:45 am


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