Legal Question in Real Estate Law in Texas

Bought home in 2006, mortgage in husband's name only, deed in both our names. Divorced 2012 and wife awarded house. Wife learns that husband, without her knowledge, has business tax problem and Feds have put liens on the house. A mortgage broker told Wife to get her name OFF the deed ASAP or Feds will come after her income, and that Feds do not recognize or abide by her winning house in divorce case, as it is Civil action. Question, should wife get deed put into her name only (even with the Fed tax liens), or is Mortgage Banker correct that she needs to get her name off the deed, esp since she is not on the mortgage and there are Fed tax liens??? The current status is that I (the Wife) am making the mortgage payments on a mortgage I am not a party to (and they will not refi into my name because my credit is not good enough) and am thinking I may never get to really own my home, so why am I doing this?

House is in Texas, community property state. Marriage was 7/1993-11/2012. Divorce in Texas.


Asked on 3/19/13, 7:48 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

I am not sure where the mortgage broker received his law license, but if facts are correct, then wife shouldn't have a problem, and getting name off of the deed may make things worse. Talk to the lawyer who handled divorce, and if he or she can't explain current status, find a real estate lawyer who can.

Read more
Answered on 3/25/13, 7:38 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas