Legal Question in Landlord & Tenant Law in Texas

My boyfriend bought a house and land with his ex, now he has been contacted by someone that is interested in buying the house and land, but his ex's name is on the paperwork, does he have to get her to sign off on it before he can sell it or can he do it without her knowledge.

Asked on 6/02/10, 7:15 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

You say "ex." Is that an ex-WIFE?

I assume that the divorce decree specifically awards the house to HIM, and gives a metes-and-bounds description.

If that is the case, he should check to see if Mom signed a Special Warranty Deed or a Quitclaim that would have deeded over to him her interest in the property.

If she didn't, he can record the decree (with the county clerk) as a muniment of title.

If the decree isn't specific, then he WILL need to get Mom's signature. He should (sheepishly) offer to give her $150 out of the proceeds to compensate her for her trouble.

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Answered on 6/03/10, 5:04 am

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