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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7017
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I BOUGHT 1.5 ACRES OF PROPERTY IN 1992. THERE WAS A HOME AND

Customer Question

I BOUGHT 1.5 ACRES OF PROPERTY IN 1992. THERE WAS A HOME AND A BUSINESS LOCATED ON THE PROPERTY.
IN 1999 I REFINANCED THE PROPERTY. WE USED THE HOME AND .5 ACRE OF LAND
AS COLLATERAL FOR THE LOAN. THE LAND WAS SURVEYED AND WE WERE GIVEN AA
DESCRIPTION OF EACH PARCEL. A GENERAL WARRANTY DEED WAS ISSUED ON THE
LAND AND HOME THAT WAS MORTGAGED. I WAS TOLD THAT IS I EVER WANTED TO SELL
OR CONVEY THE PROPERTY I WOULD HAVE TO USE THE DESCRIPTION OF THE OTHER
TRACK TO GET A DEED.
MY WIFE PASSED AWAY THE NEXT YEAR.
I REMARRIED THE FOLLOWING YEAR. 2001
2008 I REFINANCED THE PROPERTY.
WE ARE NOW GETTING A DIVORCE.
SHE USED A NOTARIZED PAPER FROM ONE DOCUMENT AND ATTACHED IT TO
ANOTHER DOCUMENT ALONG WITH LEGAL PROPERTY DESCRIPTION FROM THE PROPERTY WHEN I FIRST PURCHASED THE PROPERTY IN 1992.
SHE NOW SAYS THAT THE PROPERTY
I HAD PAID FOR BEFORE I MET HER IS HALF HERS AND THAT OUR HOME
THAT I HAD CONVEYED 1/2 TO HER WHEN WE REFINANCED IS 3/4 HERS.
IS IT LEGAL TO USE THAT OLD DEED TO CLAIM OWNERSHIP TO ALL THE PROPERTY ?
THE PART THAT WAS CUT OUT ( .5 AC ) HAS A DEED AND THE MORTGAGE COMPANY HAS A
LIEN ON THAT PIECE OF PROPERTY.
THE OTHER PIECE OF PROPERTY HAS A DIFFERENT LEGAL PROPERTY DESCRIPTION.
I HAVE PAID ALL THE TAXES AND MAINTAINED THE PROPERTY SINCE I BOUGHT IT.
IT WAS MINE BEFORE WE EVER MET.
THE NOTARIZED SHEET ON THE DEED IS FROM ANOTHER DOCUMENT.
IS THAT DEED LEGAL SINCE THE LEGAL PROPERTY DESCRIPTION IS NOT CORRECT.
THE PROPERTY DESCRIPTION OVERLAPS THE MORTGAGED ( .5 AC ) PROPERTY.
WHAT IS THE LAW THAT COVERS SUB DIVIDING PROPERTY AND THEN PLACING
THE ORIGINAL DEED BACK ON IT.....OVER THE DEED FOR THAT PROPERTY BEING
USED FOR COLLTERAL ON A LOAN.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 5 months ago.

Good afternoon. This is an it extremely complicated question and it's going to take some time to sort it out so that I can send you something that will be clear and understandable. But first I need some additional information from you: what state is your located in? I need to know if you are in a community property state. Are you claiming that your spouse forged a deed of some kind? As soon as I have this information I will be able to get back to you; however I can't promise you it will be by the time you have mediation today. If you have copies of any of the documents in wish to attach them to your reply, it may be helpful in getting you additional information.

Customer: replied 5 months ago.
TEXAS
YES, THIS IS A COMMUNITY PROPERTY STATE.
SHE TOOK A NOTARIZED SHEET THAT I SIGNED FOR ANOTHER DOCUMENT.
SHE USED THAT NOTARIZED SHEET THAT I SIGNED WITH A DIFFERENT FIRST PAGE AND A LEGAL DESCRIPTION OF THE 1.5 ACRES THAT I PURCHASED IN 1992 AND FILED IT WITH THE COUNTY CLAIMING SHE OWNED HALF
OF THE PROPERTY THAT I OWNED BEFORE I MET HER.
"INCEPTION OF TITLE" "WHAT IS YOURS BEFORE THE MARRIAGE IS YOURS AFTER THE MARRIAGE"
COMMUNITY PROPERTY IS ITEMS ACCUMULATED AFTER MARRIAGE, BY BOTH PARTIES.I HAVE TO BE IN MEDIATION MEETING AT 12:30 SO I HAVE TO GO NOW. I DO HAVE EMAIL ON MY PHONE, SO IF
YOU FIND OUT ANYTHING YOU CAN EMAIL ME. THANKS.
I WILL CALL YOU WHEN I GET OUT OF MEDIATION.
Expert:  Irwin Law replied 5 months ago.

This may be a little late, But what your soon to be- EX has done is called "forgery". No title can be transferred by a forgery. You still own the 1.00 ac alone and separate from her. I'm confused as to who might be the owner of the .5 ac with the home on it. You certainly own a share, but I can't say what that is because there are too many transactions for me to follow.

I hope this helps you out today. I am on Eastern Time.

Expert:  Irwin Law replied 5 months ago.

Hello again. I hope that my service has been helpful. If you have a follow up question, please send me a Reply for further information. If not, please rate my Answer so that I can close out the question. Thanks again for using Just Answer.

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