Legal Question in Family Law in Texas

Re: Settlement

It depends on the decree. In some cases, for example, if the wife assumes responsibility for a joint mortgage, the decree may provide for the husband receiving a "deed of trust to secure assumption," which would allow the ex-husband to foreclose on the property for any mortgage payments he makes dued to the wife's failure to make the payments.

If the house were simply awarded unconditionally to the wife, and the husband failed to execute a deed, the wife's lawyer should have insisted that the decree contain a provision stating that the decree itself would serve as "muniment of title," which would have the effect of serving as a deed. The wife would then need to have the decree itself recorded. In addition, if the decree contains a provision ordering the husband to execute conveyancing documents, and he fails to do so, the wife could bring an enforcement action to find the husband in contempt, in which case the court could fine or incarcerate the husband until he complies with the order.