Q: Is my mom still considered an owner of the family home after divorce if she is not on the special warranty deed?
My parents divorced when I was 18 on the grounds of insupportability. The family home was awarded to my mother, according to the divorce decree. This probably occured because my mother was given primary custody of a minor (15 year old). A special warranty deed regarding the family home was signed by my father as the grantor. The grantees listed are myself and siblings (two adult children including myself as well as one minor). My mother is only listed as a trustee for the minor under the Texas Gifts to Minors Act. All grantees listed on the special warranty deed are over the age of 21 now.
Mortage is under the name of my parents, but either has already been paid off or has 1 year left until completion. My father had higher income during their marriage and was the primary borrower in the mortage loan.
A:
You need to be cautious when attempting to determine legal ownership of real property. Do not assume that a deed is correct simply because it was recorded in the real property records of the county where the property is located.
If the home was originally titled under both your parents’ names, then a deed should have been made, granting your fathers interest over to your mother; seeing as, she was awarded the home in the divorce decree.
I strongly recommend that you consult with an attorney experienced in real property law to research this further for you.
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