Legal Question in Real Estate Law in Texas

I am marrying a man who owns a home. His ex-wife signed a quit claim deed in the divorce that gave him ownership, but she is still on the mortgage. If she is already on the mortgage, as his second wife, what legal rights do I have as far as the property is concerned? I really don't want to leave my home to live in his, help with mortgage, etc. and she can just come and take the house if anything happens to him. Please help.


Asked on 7/08/12, 3:03 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

If there is a mortgage on the home, your husband doesn't own it. He has an equity interest in it.

You have community property rights in whatever equity (in the home) accumulates during your marriage to your husband.

If he dies, the ex-wife can't "take the house." She has no ownership interest in the house.

Tell your husband to get off his lazy butt and make a will. Now.

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Answered on 7/08/12, 1:37 pm


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