Legal Question in Real Estate Law in Texas

A man and his girlfriend signed a Deed of Trust and a Warrenty Deed with Vender's Lien on a house in Texas. The man and his girlfriend are no longer living together. The girlfriend wants her name off the deeds. The man wants the girlfriend's name off the deeds, and wants to sign new deeds with his name only. What papers are needed to be signed and by whom?


Asked on 4/26/10, 7:23 am

1 Answer from Attorneys

It's not as simple as it sounds. If the man and woman both signed the deed of trust, then I'm assuming they both signed the note (obligation to pay.) The woman can sign a deed to get her name off of the title, but she will still be obligated to pay for the home, nevertheless. This is a very bad position to be in--you're obligated to pay for someone else's home. To get her off of the note, the holder of the note would have to agree to let her off (highly unlikely) or the ex-boyfriend would have to refinance the note in his name only.

Dave

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Answered on 5/01/10, 7:33 am


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