Legal Question in Family Law in Texas

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.