Legal Question in Family Law in Texas

Rights to the home

In 2004 I divorced my wife in Florida, and moved to Texas. The divorce was done in Texas. Before the divorce I signed a Quit Claim Deed to her on the house. I have 2 questions. (1.) The loan for the house is in my name alone but she is paying on the pymts. Can I sell the house since my name is on the loan alone but the deed has been signed over to her? (2.) The mortgage company has sent me a letter stating they need a new Quit Claim Deed signed and notarized because the old deed did not state maritial status. Should I sign this deed OR would that mean that the old deed is no longer in effect?


Asked on 12/13/06, 9:50 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Rights to the home

No. Your name on the mortgage does not instill any ownership rights. You cannot sell the house. The old quitclaim deed is still a valid transfer of title. Signing the new one would make the title cleaner without the need to incur additional attorney fees or court proceedings.

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Answered on 12/13/06, 3:32 pm


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