Legal Question in Real Estate Law in Texas

transfer a deed

My wife and I are divorcing. We own two homes jointly. We are extremely friendly to each other. We want to make sure that each of us own one home (not jointly). One house has not mortgage. The other still has a note with the bank. What do we need to do to transfer ownership so that she owns one home and I own one home?????


Asked on 12/19/07, 12:35 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: transfer a deed

You can deed each other your undivided interest in the homes. However, this will not relieve the non-owning debtor of liability on the loan. You may want to consult an attorney to protect your respective interests.

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Answered on 12/19/07, 12:41 pm

Re: transfer a deed

You can use a special warranty deed to each other (one per home) to transfer ownership. You will also need permission from the bank, as most banks have a "due on sale" clause which will cause the mortgage to be accelerated if they don't give advance written permission for the transfer. The spouse getting the house with the mortgage should need to refinance the property in order to get the other spouse off of the note. Don't do this yourself. It's not expensive to have an attorney and title company do this properly.

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Answered on 12/19/07, 1:45 pm


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