Legal Question in Family Law in Texas

Go back to your lawyer in the divorce. There should have been a deed to the wife recorded as part of the divorce. Now you are in a breech of contract (maybe) or maybe a suit to forec;lose the tax lien.

I am assuming that this is real property.

Your attorney should have insisted that your wife get a special warranty deed from you and that you give her a deed of trust to secure assumption. The special warranty deed takes your name off of the property.

Your wife cannot take your name off of the mortgage because that is a contract between you and the mortgage company. The deed of trust to secure assumptions gives you remedies in the event that your ex-wife does not meet her obligations such as paying the mortgage and taxes and keeping the property insured.

If your attorney prepared and had these documents signed, then he or she did a good job for you and you should call him or her to enforce the dded of trust to secure assumption. If your attorney did not provide for these two documents, then you probably need to find a better lawyer to help you out now. You should see a family law attorney as soon as you can to protect your rights.