Legal Question in Family Law in Texas

My wife and I divorced in June of 2005. She stayed in our house with both our names on the loan. My lawyer advised me to grant a "Special Deed of Warranty" to my wife to stay in the house. It was explained that if she fell behind in payments to the lein holder that I had first right to make the payments and keep the house which is what I have done. I guess my question is, is there anything I need to file with the court or county that says I have exercised this right and can I deed her off the property?


Asked on 1/18/10, 8:16 am

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You need to talk to your lawyer about this and have him review what you did as well as the language in the deed. Without reviewing the documents I can't say much. You can't tell much by the title of a document.

I do not understand how you could acquire a right to keep the house after conveying your interest in it to your wife unless she and your lender agreed that you would have that option.

If you are on the loan and conveyed your interest in the house to her, my worry is that if she defaulted, you would then be on the hook for repaying the loan with no interest in the house.

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Answered on 1/23/10, 8:43 am
Fran Brochstein Attorney & Mediator

I would locate an experienced real estate attorney. Use this site or www.avvo.com for attorneys in Texas that do real estate.

You can also check out the State of Texas Bar website for a list of real estate attorneys in your area.

Good luck!

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Answered on 1/23/10, 4:41 pm


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