Legal Question in Family Law in Texas

My husband and I are getting a divorce. We have agreed that I will keep the house provided that I pay him the equity that is in the house. Is it necessary to have a deed of trust to secure assumption. What document would we need to make sure that my husband will not be financially held to this mortgage? How do I become the sole owner


Asked on 12/11/10, 12:11 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The "document" that you need is a refinancing of the house. There's no way the court can enter an order that reduces the total number of people liable on the mortgage from two down to one.

However, your husband CAN quitclaim to you all of his interest in the house; this doesn't affect the lender's rights in any way.

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Answered on 12/16/10, 1:59 pm


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