Legal Question in Family Law in Texas
I am in Texas. My husband and I are separated - I moved out. We are very behind in our property tax payments and have been served with papers re: same. My husband has gone to the tax office and set up a payment plan and the legal matter has been dropped.
My question is this: I do not want anything to do with the house anymore and I cannot afford to support myself and still pay half of the house payment. I am very aware Texas is a community property state and the house is half mine until it is sold or I sign my half over to him.
He does not want to lose the house; it was built on family property, but no one in his family is jumping up to help him pay the taxes and keep the house from going to auction on the courthouse steps over $4,000.
Are there any words of wisdom out there for me?
1 Answer from Attorneys
The fact that Texas is a community property state means that if the house was built AFTER you were married, the house is community property. The loan is probably a loan that is secured by the community's assets. So even if you were to Quit Claim your interest in the house to your husband, you'd still be on the hook for the loan.
If there is no equity in the house, what you could do is sign a Special Warranty Deed in favor of your husband giving him your interest in the house. AT THE SAME TIME you would want him to sign a Deed of Trust to Secure Assumption of the Loan. Then give him 90 days or so to refinance the house into his own name. If he fails to do so, you could foreclose on the Deed of Trust, sell the house, and pay off the indebtedness.
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