Legal Question in Family Law in Texas
mortgage /divorce
We are in agreement for a divorce. He wants to continue to pay the mortgage. I signed quit claim deed. Is this uncontested ?
2 Answers from Attorneys
Re: mortgage /divorce
Yes, it would be on that issue. However, there are more elements to a divorce..child custody, child support as well as any additional community property and seperate property.
Re: mortgage /divorce
Usually you use a Special Warranty Deed when dealing with real property in a divorce, not a Quit Claim. Also, you probably want a Deed of Trust to Secure Assumption to protect you should he default on the loan. You really need to talk with a good family law attorney. Using an attorney doesn't necessarily mean you are going to fight, just that you want everything done right so there aren't problems later.