Legal Question in Real Estate Law in Texas

divorce property settlement with a twist

My ex-spouse and I have been divorced since 08/07. However my attorney failed to advise me of how to settle our joint property. Our divorce decree states I am to keep the house in Texas where I reside, he is to get the house in California. At this point we are still both listed on both properties, AND my ex took out a 2nd on the CA property 2 mths after our divorce without my knowledge and consent. I need to remove my name from the CA house and the 2nd, and his name from my Texas home. It has been suggested that I file a warranty deed and get a new loan on the properties, but my ex is not working and would never qualify. Would a quitclaim be useful, and could it be used on the 2nd he illegally obtained? Also, I have heard that quitclaims are not used in Texas.


Asked on 12/21/08, 12:07 pm

2 Answers from Attorneys

Re: divorce property settlement with a twist

There are two issues here. The ownership of the house can be changed at will. This would require a warranty deed. The obligation to pay on the house requires consent from the bank. If your name is on the CA loan, then the only way to get it off is to have the husband refinance you off of it. This may have happened when he got the second mortgage. If not, and you have an interest in the house, then you should sue him and the bank to get you out of the matter. You will need CA counsel to do that.

Read more
Answered on 12/22/08, 12:13 pm
Cheryl Rivera Smith The Smith Law Firm

Re: divorce property settlement with a twist

CA - If he took out the 2nd lien without your consent, then he only is liable - not you. If he got the house, the lien is not illegal. However, I worry about your obligation on the 1st. The only thing you can do about that is to make sure he stays current. The lender will not let you bow out.

TX - Get him to sign a warranty deed conveying his interest to you so title is in your name only. Typically I charge $100 to prepare that type of document. Maybe your divorce attorney can help you.

Read more
Answered on 12/22/08, 7:39 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas