Legal Question in Real Estate Law in Texas

Removing Spouse from Mortgage (Deed of Trust)?

I am going through a divorce and in the midst of drafting a Marital Settlement Agreement (MSA) stipulating the separation of properties and such.

Primarily, our house is up for sale and will split the proceeds after the sale.

1) My name is on the ''Deed of Trust'' but not on the Title to the houses. Can you please explain to me the difference between a ''Deed of Trust'' and Mortgage?

2)How do i remove my name from the ''Deed of Trust'' before the sale of the house? (Our divorce hearing is Oct 15th (the 60-day mark) and I plan to move out soon after...if the house does not sell, the MSA stipulates that he will buy me out - but i want to make sure that he removes my name from the docs)

3) If option is to refinance, how does one goes about doing this by simply removing a spouse and not affecting the current terms/agreement with the lender. Will there be fees/costs with such a change to the docs?

I greatly appreciate your advice/suggestions.


Asked on 9/27/07, 10:10 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Removing Spouse from Mortgage (Deed of Trust)?

Good luck on getting the lender to remove your name. I have never seen one agree to do so. The only way to be relieved of the obligation is to have the loan paid off and the deed of trust released.

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Answered on 9/27/07, 1:57 pm


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