Saturday, November 19, 2011

How do I exlude my ex husband from the title of my new house?

I am about to close on my new house. My husband and I are separated. I was told by the loan processor that my ex has to be on the title of my house because Texas is a community property state. Does anyone know how I can avoid adding his name to the title. Will a Quit claim deed work in this case. He does not have a problem with this if it were an option. I was told to consult my lawyer but I just don't have one. Thanks for your responses.|||Not a big deal.....you will need to have your husband sign a document stating that he understands and agrees that this is your "sole and separate property" and that he acknowledges that he will not have any interest in the property whatsoever compared to going to a lawyer that will charge you at least several hundred dollars.





The title company that is handling the purchase should be able to provide you the assistance you need without spending money on a lawyer. It requires only a standardized release form that the title company can provide you for little or no charge. If you have an extra $300-$500 to throw away I'm sure some lawyer will be will be more than happy to fill out the form for you. Or have the title officer do it for you for nothing or for small fee of around $25-$50.





I've personally purchased properties as my "sole and separate property" in California which is a community property state and all I've ever needed is to have my wife sign the title companies form that she waives her interest in the said property.


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Of course we know that Landlord will win this vote as best answerer, because she has the ability to vote for herself at least three time and that is why she is the top answerer in the real estate section.....it certainly is not because of her knowledge or expertise. This is inspite of giving her usual wrong answer.|||You are being short sighted if you don't use a lawyer. Quit claim deeds (in California) have been replaced by an "inter-spousal transfer deed." If your husband will sign the Texas equivalent of this, available from your title company, you could be safe. Ask the title company if this will work.





Be realistic. You are still married, and he is not your ex. You might have lots of other exposure, but you'll sure as heck lose half your new house if he gets angry with you.|||As you are still married he has to be on title. However, 1 minute counts.





He need to come to closing and sign the final papers as your husband and then immediately sign the quit claim. The notary will be legal documentation that he signs them in the right order. The title company will then file both sets.





It is not uncommon, people do it all of the time.|||First mistake: not using a lawyer.





Yes, a QC Deed from your husband to you as your separate policy should satisfy the title insurnace company.





You'd better talk to your loan processor's supervisor. He/she doesn't seem to be very knowledgeable.

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