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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am filling out my uncontested/ no children final decree to

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I am filling out my uncontested/ no children final decree to take to court. The only community property is 13 acres that I purchased prior to getting married, but then refinanced loan after I got married. She doesn't want any of it. Will the judge in brazoria county ask for any other forms other than the decree concerning the land?
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What state are you in, please?

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Customer: replied 3 years ago.
Texas
L,

Thanks, friend.

I hope you are enjoying the good weather we have today in the Lone Star State.

Will the judge in brazoria county ask for any other forms other than the decree concerning the land?

The Judge? No. They will generally sign off on the proposed Decree of Divorce provided that you and your soon-to-be ex also pre-sign it.

However, the Decree is not going to be enough to get the property into your name, per se. One should ask her to:

1) Sign a QUITCLAIM DEED that then gives her interest to you, and file the deed. If she refuses, the Court can force her to do so in the future; BUT

2) Some lenders have a clause in the mortgage contract that ACCELERATES the mortgage if any interest is sold/quitclaimed. One should check with the lender to make sure that this shall NOT be an issue. Assuming not, then the quitclaim may be signed and filed. If there is, then the Divorce decree acts as an non-standard instrument/document giving you 100% rights to the land in theory and which would be enforceable but simply nor recorded with the deed records; until the mortgage is paid off and then her signing the quitclaim deed will not upset your (now paid-off) mortgage.

3) If there IS no mortgage, then obviously step 2 does not apply and step 1 should be fine.

I hope this helps and clarifies. Good luck.

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