Legal Question in Real Estate Law in Texas

Real Estate Title Issue

I bought a property from a friend and received a general warranty deed. When I applied for a mortgage to put a house on this

property a title search was ran and

I was informed that the person who sold my friend the property sold the property after his divorce and that the ex-wife never signed the quit claim deed that was given to my friend. So I contacted the ex-wife to see if I could get her signature and she told me no!

However I dont feel she has any claim to the property because when

I received the property it had 15 years of delinquent taxes which I brought current and continue to do so. My friend and the man who sold the property to her are very cooperative, do I need anything from the ex-wife? The property was

not listed in the divorce decree.

I've had possession of the property for 3.5 years now. Is it neccessary for me to sue her to get clear title?


Asked on 10/30/07, 6:08 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Real Estate Title Issue

Almost certainly, the original seller's wife has an interest in the house which must be dealt with (unless the house was his SEPARATE property, unlikely if they were married when he acquired it). I don't think suing the ex-wife will accomplish much -- she owns it! You need to make a trade with the ex-wife. The good news is that whatever you must pay her you can recover from your seller (and he in turn can recover from the original seller, assuming he got a warranty deed). This is a good example of why you should NEVER buy real estate without a title search and title policy. Call me if you need help.

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Answered on 10/31/07, 10:40 am


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