Legal Question in Real Estate Law in Texas
Homestead
I am a single person wanting to file a homestead form in Texas for a home I live in in Guadalupe County. However, I divorced last year and my ex and I had filed a homestead in Bexar County. The house was awarded to him and he has ALL responsibilities towards it. I am on title but not on the loan. Can I still file my own single-person homestead form for myself even though my ex hasn't done anything to remove me from the title nor the Bexar County homestead?
1 Answer from Attorneys
Re: Homestead
Yes. Also, you should consult with your divorce attorney to see if the divorce decree requires a deed to your ex from you. That deed could be filed in the deed records in Bexar County. If the divorce decree describes the property received by your ex sufficiently, a certified copy of the decree can be filed in the deed records of Bexar County to show that title to the Bexar County property was awarded to your ex. None of this will remove you from the note for the Bexar County property if there is a note that you signed concerning that property.