Rockwall, TX asked in Real Estate Law for Texas

Q: Want to sell a house that's only in my name and was acquired while married to my now ex-husband, with whom I had a prenu

stating that property acquired during the marriage is the sole property of the spouse who purchased it. The title co is set on having him "convey title" to me because the divorce decree "didn't address this". Well, there was no need to "address this" because of the prenup. I've gone back and forth and they say the underwriter won't insure. Same with other title co's. What legal right do they have to set their own requisites and how can I appeal such arbitrary decision?

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Houston, TX
  • Licensed in Texas

A: They have the legal right not to issue an insurance policy until their underwriting standards are met.

While the prenup addressed the problem, the property should have been addressed in the divorce decree, so that this issue would not have come up. Talk to your divorce lawyer - you may be able to correct the decree for omission of the property by filing a Motion for Judgment Nunc Pro Tunc, which will eliminate the need for your ex to sign any conveyance.

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