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.
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.
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!
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.
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.
REALTORÂ® | Mortgage Broker
Keller Williams Realty | 360 Lending Group
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.
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
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.
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.