Pwilli227, Home Buyer in Dallas, TX

My husband and I are divorcing. We have a mobile financed in my name on a piece of property financed in his name. He is giving me all rights

Asked by Pwilli227, Dallas, TX Sun Apr 7, 2013

I need to transfer the deed to my name. We owes for 4 more years. Would a quit claim work? We are in Texas

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Dixon Wong, Agent, Dallas, TX
Wed Apr 10, 2013
Hi Pwilli,

You need to contact a Title Company to handle title issue. But a Quit claim deed wont be the best solution as its a deed form that provide basically nothing to protect you or the future buyers.

Texas is a community property state. Any properties that was purchased while married, you and your husband own share portion on it.

Let me know if you need recommendation on a Title Company.

Thanks

Dixon
Realtor
http://www.findyourtexashome.com
1 vote
T.E. & Naima…, Agent, Dallas, TX
Sun Apr 7, 2013
When you ask your attorney, he will likely tell you that the title company will not issue title insurance on real property transferred with a Quit Claim deed. The reason it is basically is saying that the grantor is giving you whatever rights he has, but doesn't warrant he has any rights and won't stand behind a claim against you in the future.

The title company can issue title insurance if a Warranty Deed is granted by your soon-to-be ex-husband, and if he doesn't give you one now, he'll have to sign paperwork in the future that is a Warranty deed. So, basically the Quit Claim deed is worthless for future use with some minor exceptions.

Have him sign a Warranty Deed to transfer the title; however, if he still owes a balance on the land, that may trigger the "due on sale" clause in his financing papers. If the mortgagee insists, he'll have to pay the balance immediately or else they will foreclose, even if he is making payments on time. These days mortgagees are not typically pursuing people in a case like this, but that is no guarantee.

Worst case, you'll have to pay off the balance on the land and do a normal closing.

Your attorney (or one at a title company of your choice) can advise you what the best course of action is.
Web Reference:  http://www.SumnerRealty.com
0 votes
Kim Nwachukwu, Agent, Irving, TX
Sun Apr 7, 2013
That is a question best answered by a real estate attorney. Realtors are prohibited from giving legal advice. You might get an answer from a local title company office but you really need a real estate attorney to help you. Start with your divorce attorney and he or she should be able to point you in the right direction. My opinion is that it will not work because of the loan, but that is nothing more than my opinion.
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