Legal Question in Real Estate Law in Texas

Re: Need to know how to sell house in husband's and my name

Get your ex husband to deed the house to you. He can be sent a prepared deed which he can sign in front of a notary public and return to you. You then record the deed. The other method would be to record a copy of your divorce degree in the real property records in the county your house is located in. If the property description is not in the degree you will probably have to use an affidavit with the degree to describe the property.

Re: Need to know how to sell house in husband's and my name

If the house is financed, then have your husband execute a special warranty deed to you. (Make sure you use the correct name for yourself). If the house is not financed, then have your husband execute a general warranty deed. It doesn't matter if he's out of state, as you can just have a deed mailed to him and he can mail it back after he signs.

If this is inherited property, then you may have to jump through additional hoops.

Finally, you may wish to check with your divorce attorney about this, as this may be included in the services for which you have already paid. If not, then feel free to call me if you would like to discuss this further.