Q: Divorce (Texas) Home transfer question.
I’m getting divorced. We are not hiring attorneys. I am giving everything over to her and leave the clothes on my back and my car. (Unable to afford legal council of any kind as I am fighting an expensive criminal case and am now severely in the negative funds)
That being said the Wife and I agreed to give my her the house which we are currently still making mortgage payments. Now every aspect of the purchasing of the house was done totally under my name i,e. title, taxes , financing etc.
How do I transfer stuff like the financing and ownership over her? Will she have to re-finance it herself under her own name? Any help would be appreciated.
A: This is one of those things where if you have to ask then you probably should consult with and retain a local lawyer to handle the drafting of the paperwork. While transfers of marital residences involving the refinancing of the property under the receiving ex-spouse’s name are common and doable, incorrect wording in a decree or other transfer document/deed might leave you wishing you had spent the money for an attorney to take care of it.
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