Legal Question in Family Law in Texas
Leaving marital home in both names after divorce
My husband is supposed to be refinancing our home to get it out of my name and to relieve me of the financial responsibility but is unable to get it refinanced in his name only. He wants me to just leave it in both names and sign a deed of trust. I dont want to force him to sell it - he has had a stroke and it is his home - so if I do this, what do I need to protect myself. I am thinking of having my attorney draw up an ammendment stating that if payments get behind then it is to be put on market for sale within 1 mo and that if he dies before either selling or refinancing, then the property itself (not contents) goes back to me. It isnt how I want things to be but we have a child and she says that is her home and wants to keep it also. My attorney is horrible at returning calls, and is trying to keep cost down. Would doing these things protect me?
1 Answer from Attorneys
Re: Leaving marital home in both names after divorce
You really need to discuss these options with your lawyer.
Often attorneys' hands are tied by their clients. Asking the attorney to keep costs down, especially in a difficult case, but expecting to have calls and emails answered, particularly with issues such as you describe.
In order to have effective and valuable communication with your lawyer, you have to be willing to pay for the time needed to properly handle your case.
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