Q: Can a divorce decree recorded with the county serve as valid title transfer in Texas, or must a deed follow for owner?
Could a divorce decree in Texas be legally recognized as a sufficient transfer of title, similar to a deed, if it is recorded with the county? If not, what specific legal requirements or steps are necessary to convert a divorce decree into valid title ownership? For my adverse possession claim, I want to argue that the lack of a properly recorded deed after the divorce decree creates ambiguity in the title and strengthens my claim. Are there relevant statutes or case law that clarify whether a divorce decree alone provides sufficient title, or must it be followed by a deed or other formal conveyance?
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A:
Your questions are complicated and hard to answer without seeing your Divorce Decree, and other deeds and filings on the property, prior to your Decree.
The short answer: No. A divorce decree does not transfer ownership or title to land. You need to get your ex to execute a deed, or you need to have the decree turned into a judgement, signed by your judge, or have an Order from your judge direct the Clerk of your county, to enter the judgement or Order into the property records. What I do in my cases is to submit an Order and Deed to the court, and request that the deed by signed or be deemed signed by your ex, and then filed into the property records of the county.
I'm not sure why you would have any adverse possession claims to a property that you were awarded in your divorce decree. You can't adversely possess property against yourself.
I hope this helps.
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