Legal Question in Real Estate Law in Texas

What to do if my husband's ex-spouse will not sign a Warranty Deed?

It seems that in order to close on a home equity loan that the title company is requiring a Warranty Deed from my huband's ex-wife. We already have the divorce decree (over 2 years) and a Quit Claim Deed (signed and notorized by his ex-wife.) For some reason she is now refusing to sign a Warranty Deed. What options do we have should she just refuse to sign one? Apparently, this is just a requirement for this particular Title Company. His ex-wife did not need anything but the Divorce Decree to sell the other home.


Asked on 4/12/00, 6:54 pm

2 Answers from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: What to do if my husband's ex-spouse will not sign a Warranty Deed?

Try to persuade the title company to back off; failing that, switch title companies -- maybe to the one the ex-wife used in selling the other house. The other alternative, a declaratory relief action, would be very expensive and time consuming.

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Answered on 4/24/00, 4:53 pm
Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: What to do if my husband's ex-spouse will not sign a Warranty Deed?

Depending on what the divorce decree states regarding the property, you may have to go back into to court. Without further information, it is hard to state anything more specific.

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Answered on 4/24/00, 8:53 am


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