Legal Question in Real Estate Law in Texas

I need help! Texas Divorce Ex-was awarded the house. Mortgage in my name only! However, deed in both names. August 10th is the deadline and is aproaching fast. I want to let her stay in the house so my children can stay at the same school etc, and I need to know the best possible way to do it. The final divorce decree stipulates that she has one year to assume/re-finance/purchase the house or it will be awarded back to me. Do I need to modify the decree in any way to give her more time? She already tried to assume the loan but recently lost her job and is unable to now. If I lease-to-own the house to her(with her being responsible for all minor repairs), do I need to have her removed from the deed (quit claim)? Since she does not work her current boyfriend may try to get the house in his name within a year. Does he need to be on the lease? I want this to be a win-win situation for everyone. Any help would be much apprecitated.

Thanks!


Asked on 7/12/10, 6:51 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

You're making it harder than it is. You are the one who whould enforce the deadline. You can opt not to do so. Make sure your divorce lawyer agrees with my analysis. Also, quit claim deeds are not recognized as providing good title in Texas and lease-to-own also have there own problems in Texas, so please contact an attorney for other alternatives.

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Answered on 7/13/10, 6:23 am


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