Legal Question in Real Estate Law in Texas
Property Rights
My sister divorced her husband and kept the house, she could not make payments anymore so our dad took the responsibility and we moved in the house and she moved out. My dad has been making the mortgage payments, taxes, insurance etc... Her name and her exhusband appear on the mortgage and on everything else. Does she still have any rights to the property? What process can be done to change the name on the mortgage to be that of my dad?
1 Answer from Attorneys
Re: Property Rights
You need to review the divorce decree. There are two things to consider here: (1) title to the home and (2) the obligation to pay the mortgage on the home. 1 and 2 aren't always the same people. If both the ex-spouses are on TITLE, then you need to review the divorce decree to see who gets the house. A deed that complied with the order and was signed by the appropriate ex-spouse would suffice to transfer title. Once title is cleared to the appropriate ex-spouse, that ex-spouse could transfer title your dad. After that has been done, your dad can refinance the house, and he will then be in title and on the mortgage.