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I'm in Texas. A woman wants to sell me her house, she bought…

I'm in Texas. A...

I'm in Texas. A woman wants to sell me her house, she bought the property prior to marriage. She was the only one ever on the deed. She did however have her husband cosign a 2nd mortgage on the house which was never paid and eventually forgiven the lien. She is now separated and not divorced. He was never on a deed but was on the release of lean paper work. The title company wants his name on the warranty deed but he is very sick and doesn't even remember his wife so gettiing him to sign a deed sounds likes it's going to be a difficult task. Can she transfer the property with a warranty deed?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I had a title search. No deeds have been drafted.

Lawyer's Assistant: Have you talked to a TX lawyer about this?

Not yet. I was told that lawyers usually charge a few hundred and hour and didn't want to invest a bunch of money to be told I could not buy the home

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Customer reply replied 4 months ago
He has no poa
Answered in 4 minutes by:
3/20/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,844
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
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I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.
If a person owns a house before marriage in TX, it is, arguably, separate property. However, if the spouses live in the property together then the non owning spouse gets homestead rights which they must disclaim formthe property to be conveyed and that conveyance be eligible for title insurance coverage.
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while the wife can execute a deed without the non owning husband, no title insurer will clear it for closing without the non owning spouse signing off.
I am sorry. I wish I could tell you otherwise, but I do not want you messing up the title on a property you are buying.
Did you have further questions? Have I answered your question? P,ease let me know.
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Customer reply replied 4 months ago
This is my first time buying a house so I'm just trying to make sure I understand completely.She can transfer the deed. (Warrenty deed?)
However because he lived in the property he can claim a stake in the home.
The title insurance company wants to cover it's tail by making sure he signs because he could come back saying he owned part of the house because he lived in?If he is unfit mentally to sign a deed, what steps can be taken?Just trying to cover all my bases
The husband has homestead rights which can not be conveyed by the wife alone.
So, her warranty deed would be flawed because it would not release the husband’s homestead rights and he could, presumably, assert those rights if he does not sign the deed.
If he is incompetent, and has no POA in place, then a petition will need to be filed in probate court to appoint a guardian.
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BTW, if they are living somewhere else as a primary residence, and the title company agrees, the husband may have waived homestead.If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Did you have further questions? Have I answered your question? Please let me know.
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Customer reply replied 4 months ago
The husband hasn't lived on the property for over 5 years. Does cosigning a second mortgage affect anything? I will be sure to give you 5 stars
The mortgage is not really relevant now, but if he does not live on the property as his primary residence then there may be an argument to be made to defeat the homestead. An affidavit and supporting evidence could help.
Consult the title company, since the resolution of these types od issues tend to be underwriter driven.
Loren
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