QUESTION
TX - Uncontested Divorce filing w/real property. We are hoping to find a friendly way to use a single attorney to help us divorce
Asked on May 05th, 2021 on Divorce - Texas
More details to this question:
We intended to file for uncontested divorce, but realized as we were completing the forms that TX will not allow that filing if real property is involved. We have agreed to a distribution of assets in which one party agrees to keep the house and the debt on the house and the other party agrees to release claim to any equity in the home. In return the second party will retain a vehicles that are owned debt free - roughly equal to the equity value in the home
1 ANSWER
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Generally, an attorney will represent one party to the divorce but not both. That said, some attorneys are willing to draft the decree based on the instructions of the parties. Based on your inquiry, it appears you will need a divorce decree and documents regarding the real property (i.e., special warranty deed, deed of trust to secure assumption, etc.). I think you have 2 choices: 1) One of you hires an attorney who then drafts the final decree of divorce and the real estate related documents. 2) You both hire an attorney to draft the documents based on your agreement(s). The down side to option 2 is that the drafting attorney is essentially only a secretary drafting the documents and cannot give either of you legal advice.
Answered on May 06th, 2021 at 7:50 AM