Conroe, TX asked in Divorce and Real Estate Law for Texas

Q: Property after divorce with no quitclaim deed. What are my options?

My divorce decree says the ownership of a condo that is considered community property was given to my ex wife but no quitclaim deed or title transfer was done. My name is the only one on the mortgage. Fast forward four years and she won’t transfer the property into her name or even communicate. There is a balloon payment coming up in 6 months and there is no time line or enforcement language in the divorce decree about transferring the title. Please help! What options do I have to get this property either sold or transferred to her so I can be done with this nightmare?

Thanks so much for the help! The property and divorce was in tarrant county.

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1 Lawyer Answer
Kelly Case
Kelly Case
  • Frisco, TX
  • Licensed in Texas

A: First, this is probably not something you are going to handle without legal representation. You should hire a lawyer to assist you as this is likely to become very complex if the Original Orders and Decree did not specify the remedial action to be taken in this instance. Sounds like no lawyer was involved the firs time around. Hope I am wrong about that but no way to fix it now unless you are familiar with declaratory judgments. It can be fixed but if she is going to contest it, you are really going to need a lawyer as this is a little too complex for the average person to try and accomplish. Second, there is not enough information in your post to be able to give you definitive answer but it appears that you are going to have to return to the originating court and ask for that original Order to be "clarified." Alternatively, you may have to have it modified. But this is not something that can be explained in the amount of space given here so you really are better off getting the advice of a lawyer that has had the opportunity to examine all of the details.

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