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Privy, Both Buyer and Seller in Fort Worth, TX

I live in Texas. My ex-wife is on the title of my home but not the mortgage b/c we were separated at the time I purchased the house. We are now

Asked by Privy, Fort Worth, TX Sun May 2, 2010

divorced and I am remarried? My ex is refusing to sign quit claim deed to remove her name from the title. Do I have another option to remove her name? Will adding my wife's name automatically remove my ex-wifes name? Once my ex is removed will she have ANY stake in the property?

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If I am selling a home to a client in the middle of a divorce I advise them to consult an attorney if they are closing before the divorce is final. Usually they have something prepared such as a quit claim deed signed the same time they are initiating the loan and/or preparing closing docs. That way it is all filed at the same time to avoid these problems down the road.
One time about 25 years ago I had a closing where the husband left the wife and children and divorced her. Her father built a house and gifted it to her for she and the children to live in after the divorce was final. The husband became indigent and asked to stay on her couch until he could get on his feet and she let him. She then sold the house and because he was living there and had no other residence he had to sign for her to sell. What a mess !! Grandpa wasn't too happy either !! I am not sure it intitled him to any proceeds but her had to sign and how else do you get them to sign. I think it had something to do with the Texas Homestead Law.
Feel free to contact me with any questions at 817 980-1047.
0 votes Thank Flag Link Sun May 2, 2010
You need to speak with your divorce attorney OR real estate attorney.

I found many divorce attorney's did not follow thru with all the required paper work for real estate between the individuals which has caused future problems.

Adding another person to title does not cancel the other party out.

Lynn911
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Sun May 2, 2010
Privy, take a copy of your divorce decree to a real estate attorney. He/she will review the divorce decree and render an opinion on whether you're the sole owner of the property or not. Either way, you should hope that when you go to sell, the title company will accept a certified copy of the divorce decree as evidence of your sole interest in the property. Otherwise, you may have an unsellable property as a buyer will insist on having title insurance. Title to speak with a competent real estate attorney.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Sun May 2, 2010
The divorce stated we have agreed that we have no property to split and that any property we currently had in our posession including personal effect would become the property of the person currently in possession of it.
0 votes Thank Flag Link Sun May 2, 2010
1. How was this property addressed in the divorce decree?

2. A quit claim deed will not be recognized in Texas for title insurance purposes.

3. You can't "remove" a name from a deed...the person can only deed his/her interest (partial or full) to another, usually via a special or general warranty deed.

4. You can't add your current wife's name to an existing deed. You can deed her a portion of your interest in the property.

5. If this property was not addressed in the divorce decree (and that would be very odd), one option would be to get your checkbook out and try to "convince" your ex wife to sell her interest to you via a special warranty deed.

6. It is now time to consult with an attorney or the title to this house will be tied up for many years to come.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Sun May 2, 2010
Your best advice will be to consult an attorney who will outline all the options available to you and help you take whatever action you decide. It will also be the quickest.
0 votes Thank Flag Link Sun May 2, 2010
By adding a name that will not remove any name on your deed. You should have made it part of your divorce that she signs a quit claim deed removing her name from the deed. You may want to speak to your divorce attorney to resolve this. By leaving her name on, you can not sell or refinance and yes she does have a financial stake in the property as long as he name is on there.
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Sun May 2, 2010
I suggest that you talk with an attorney about your specific situation. Was this issue addressed during the divorce proceedings?
0 votes Thank Flag Link Sun May 2, 2010
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