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I was divorced 26 years ago in texas, my ex was granted our…

Customer Question
I was divorced 26...

I was divorced 26 years ago in texas, my ex was granted our home, no mortage, but later he said he wasnt going to take me off deed, now he wants a special warranty deed signed by mw

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 1 year ago.Category: Family Law
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Answered in 5 hours by:
9/11/2017
Family Lawyer: Amadeo Rivera,
 replied 1 year ago
Amadeo Rivera
Category: Family Law
Satisfied Customers: 88
Experience: Sr. Trial Attorney II at El Paso County Public Defender
Verified

Good Morning. My name is Marcelo. I have been licensed to practice law in Texas for 17 years.

I am experienced in both real estate and family law.

Let me make sure I understand. Your ex originally refused to "take you off the deed" to this property, and now, 26 years later, is wanting you to sign a deed immediately?

First, I'm not sure why he refused to "take you off the deed," but people tend to do irrational things when going through a divorce.

I'll make three points. The first one is, that whoever represented your ex in the divorce, should have had you sign a deed in the process of finalizing the divorce, all those years ago. The second point is that, if the divorce decree really does award the home to your ex, there is no real need for a deed, as the divorce decree is sufficient to transfer title or "take you off the deed." The third point is that if, in fact, the home was awarded to your ex, you should go ahead and sign the deed. As I said before, the decree is sufficient to convey title, but it's good practice to sign the deed anyway.

In order to avoid potential tax consequences, the deed should reference your divorce, by cause number and by the date that the decree was signed. It should also be made to be effective as of that date 26 years ago when your divorce became effective.

If I have answered your question, please accept my answer and provide positive feedback so I can receive payment. If not, please let me know, so I can attempt to provide more detail.

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Family Lawyer: Amadeo Rivera,
 replied 1 year ago

Just following up to see if there was anything else you needed on this matter?

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Category: Family Law
Satisfied Customers: 88
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Experience: Sr. Trial Attorney II at El Paso County Public Defender

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