My Husband is not on the loan, we are separated, and I want to remove his rights on the house. He is willing to sign, but does not want to divorce.

Asked by Triste, Dallas, TX Thu Aug 4, 2011

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19
Steve Riddle, Agent, New York, NY
Wed Aug 17, 2011
Wow! Your husband is willing to forgo his rights of title,interest,equitable division, and maintain obligation of debt? Even if he agreed, any lawyer in his right mind would not allow him to do that. Marital law is the eternal contract that keeps taking even after death. You will have to divorce and agree to settlement.
0 votes
Agnes Tabor, Agent, Naples, FL
Tue Aug 9, 2011
Sounds like you need the help of an attorney.

Good luck to you.
0 votes
Kathleen Tes…, Agent, Plano, TX
Thu Aug 4, 2011
One solution could be to have him sign a quick claim deed, releasing his rights to the home.

But I would check with an attorney, or a title company.
Kathleen Testa
Coldwell Banker
DlsReltr@aol.com
0 votes
Leah Henders…, , Columbia, SC
Thu Aug 4, 2011
I definitely recommend you consult a family law attorney. They can insure that all documents are prepared correctly.
0 votes
Bruce Lynn, Agent, Coppell, TX
Thu Aug 4, 2011
You need to see a family attorney. It's good he is not on the loan, but this doesn't solve all your problems.
Get this resolved quickly. You don't want it hanging out there forever. The longer you wait the more difficult it becomes. We often see years later people battling out for more money with more people involved. Maybe your family attorney can draw up some kind of document now.
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Dettmer Team, Agent, Dallas, TX
Thu Aug 4, 2011
Your husband will always own an interest in the home since Texas is a community property state. You would have to go to a real estate attorney and get a seperate agreement that your home is now your sole property. You really should find a good real estate attorney so later your husband could not come back or his 'heirs' and make your life difficult. Good luck to you!
0 votes
Guy Gimenez, Agent, Austin, TX
Thu Aug 4, 2011
Only HE can give up his interest in the property and he can do so without a divorce. He can divest himself by deeding his entire interest and rights in the property to you by special warranty deed. An attorney can draft the form and once your husband signs it and has it notarized, you can file it with the county clerk in the county where the property is located.
Web Reference:  http://www.phgbrokers.com
0 votes
Beatrice Alba…, Agent, Dallas, TX
Thu Aug 4, 2011
I recommend you go to a Reputable title company that is has an attorney on staff. Reunion Title, Tom Smith on McKinney Ave., Dallas, Tx. Ask him and I am sure he can help.
0 votes
Don Groff, Agent, Austin, TX
Thu Aug 4, 2011
Anne is correct. Texas is a community property state and as long as you are both married your husband will have rights to the property. Consult an attorney but I think a divorce is your only option to remove him. This comes up all the time.

Don Groff
REALTOR® | Mortgage Broker
Keller Williams Realty | 360 Lending Group
o.512.669.5599 m.512.633.4157
listings@dongroff.com
0 votes
Dallas Texas, Agent, Dallas, TN
Thu Aug 4, 2011
I agree with all the answers:

1. Contact mortgage company
2. If approved the change must go through the title company which will be an expense.
3. State laws of Texas MIGHT not allow you do this refer questions to attorney .

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
0 votes
VanDuzee Ral…, Agent, Dallas, TX
Thu Aug 4, 2011
Texas Homestead laws and Community Property laws will require you to seek professional legal advice.
0 votes
Jan Smith, Agent, Dallas, TX
Thu Aug 4, 2011
You can do a quick claim deed and remove him from the title. I would call an attorney for that.
0 votes
T.E. & Naima…, Agent, Dallas, TX
Thu Aug 4, 2011
Rights are conveyed by more than a deed. Living in the house may have created homestead rights. In addition, the loan documents do not dictate ownership, only the deed. The marriage is also an issue, but it is not so simple as getting married gives someone rights to your pre-existing properties.

A quitclaim deed will not terminate his right to occupy by itself.

It sounds like you need to discuss with an attorney to quell his rights. I can refer you to a competent real estate attorney to discuss this.
Web Reference:  http://www.SumnerRealty.com
0 votes
LaVenda Lee, Agent, Dallas, TX
Thu Aug 4, 2011
Texas is a community property state so as long as you are married you both have ownership. I personally went thru a divorce several years back and at the time of the finalization a quit claim deed was used to sever ownership however the lender would not release me from liability until my ex sold the home or refinanced. You definitely need to speak with a divorce attorney
0 votes
R. Will Fair…, , Richardson, TX
Thu Aug 4, 2011
Hi Triste,

This question is beyond the scope and license of a Realtor. Realtors cannot give legal advice. Get a referral to an attorney - that is your best bet.

Good luck,

R. Will Fairchild
0 votes
Damon Willia…, Agent, Dallas, TX
Thu Aug 4, 2011
Talk to a title company like Hexter Fair or Republic Title.
Web Reference:  http://www.realtordamon.com
0 votes
Joseph Keres…, Agent, San Antonio, TX
Thu Aug 4, 2011
Anne is correct, TX is a community property state.

Advice a local attorney.
Web Reference:  http://www.GoHomeSA.com
0 votes
Anne Bokalo, Agent, CANTON, TX
Thu Aug 4, 2011
This is a community property state, removing his name while still married doesn't work. I'd suggest you consult with an attorney of how to do this legally. Right now you have an understanding but that's all.
0 votes
scott farmer, Agent, Scottsdale, AZ
Thu Aug 4, 2011
This can be done through a quit claim deed. You and your husband should speak to divorce attorney's to work out the property settlement agreement before anyone signs away rights - just my recommendation.
0 votes
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