Legal Question in Family Law in Texas

Husband has two mortgages for homes in his name only (one is rental property, one is house we lived in for about a year when we first married). His step-father gifted a house to us in both our names that we've lived in for 4 years. We are considering divorce and I am agreeable to letting my husband keep the gifted house we are currently living in (changing deed to his name only) if I can take over the mortgage on the house we lived in before, when we first married. Can he deed this property over to my name only if I'm not currently on the mortgage?


Asked on 11/01/11, 8:41 am

2 Answer from Attorneys
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

The two of you can do whatever you want as far as agreeing to who winds up with the deed to each of the houses, and it's great that it sounds like you all have that part worked out. However, anything you do that affects a mortgage lender has to be approved by them as well. And if you're not on that mortgage to begin with, you can't just "assume" the loan. So, I'd suggest calling the lender (and probably other lenders as well) and asking if there are any options they have that would work in your situation.

If you have sufficient income to be able to make the payments yourself, then what may work out is something pretty similar to a regular sale of that house from him to you, just not at market price, where he'd be responsible for dealing with the lender he's got and you'd be responsible for getting your own financing, through that lender or another of your own choosing. Good luck!

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Answered on 11/01/11, 11:50 am


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