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Hello, I do have a question. My divorce was finalized, and I was awarded the house in the divorce, however, I'm not in a place financially where i am able to refinance the house but I am able to make payments and have been since the divorce was finalized in June 2022. My ex-spouse is now stating that because their name is on the loan, they will be entitled to half of what the house sells for and is pushing me to refinance when the courts did not order to have the house refinanced. Also, I was told that since i was awarded the house in the divorce that a new deed would not be needed because I was awarded the house in the divorce but i am wondering now if they can still make a claim to the property because a new deed was not filed and also wondering if they will be entitled to anything if i were to see the house in Texas
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Typically, when a marital residence is subject to a mortgage loan but is awarded to one spouse in divorce proceedings, the dispossessed spouse signs a "Special Warranty Deed" conveying their interest in the residence to the spouse to whom the residence is awarded, and that spouse in turn signs a "Deed of Trust to Secure Assumption" of the mortgage debt. You should contact the attorney who handled your divorce proceeding to ensure that the appropriate ancillary documents were properly executed and recorded in the Deed Records.
Answered on Aug 15th, 2023 at 11:03 AM