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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55481
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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This is what the divorce actuLly says...The divorce

Customer Question

This is what the divorce actuLly says...The divorce specifies : the property shall remain titled to the parties as joint tenants with rights of survivorship. The parties agree that while both are living their ownership f the property will be Me 52% my
ex 48% either party may request that the property be transferred to each other as tenants in common by quitclaim deed at any time I the future and each party shall execute such a deed upon written request. ( so is or is not the quit claim deed as tenants in
common giving up what rights? Besides willing the shares) Do I automatically give up my homestead rights or not? I am still confused on this issue.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Thanks for following up. Is there nothing in the divorce decree regarding your occupancy of the property while you two both own it?

Customer: replied 1 year ago.
It is heavily implied but nort spelled out.
Customer: replied 1 year ago.
By heavily implied I mean it is written such that if I move out then this happens, if he moves out then that happens.. And if we both move out something else happens....
Customer: replied 1 year ago.
Best and worst case?
Expert:  Richard replied 1 year ago.

Here's what I would do....I would insist they take this sentence out regarding the waiver of your homestead rights. Your argument will be that if by law the homestead rights are automatically terminated by a divorce, then the phrase is not necessary. And, by insisting it be included when by law they are telling you the divorce terminated your homestead rights, you are concerned they are trying to get you to give up something you do in fact possess. :)

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