Legal Question in Real Estate Law in Texas
Hello,
My name is Stephen. My father-in-law recently passed away. He was divorced a couple of years prior to his death. His ex-wife gave up all rights to the residence. There is a 2nd mortgage on the property in which both of them signed. After the divorce my father-in-law was paying it. My wife is now the in control of my father-in-law's estate.
We are going to be renting the residence and also paying the 2nd mortgage since the ex-wife will not pay it and we do not want to loose the property.
Question: Does the ex-wife have any claim to the residence because she is now liable for the debt? Is just paying the debt the best thing to do?
1 Answer from Attorneys
In many cases, the ex-wife would not have rights to the house unless you stopped paying. I would have to review the divorce decree and research the title documents to be sure. The reason is that many times, when someone 'gives up all rights' the actions taken, and the documents filed are very different.
Dave
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