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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33388
Experience:  Began practicing law in 1992
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Me and ex husband divorced legally in 2007, but separated in

Customer Question

Me and ex husband divorced legally in 2007, but separated in 2005 and we didn't put the mortgage in our divorce because one of his family members was going to buy it but it turned out they didn't and I've been living and paying the mortgage on the house since then. I want to do a special warranty deed on the mortgage , or something along those lines. Also, if he is not cooperative, can I serve those papers to him? Thank you, Crystal
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

So that I'm clear, the court has never entered an order dividing the property between you and your ex?

Customer: replied 11 months ago.
that is correct
Expert:  Dwayne B. replied 11 months ago.

To keep the title clear, regardless of who is getting the property, and to make sure the other person isn't responsible for taxes or other debts associated with the property you will have to file a Motion to Distribute Undistributed Community Property and have the judge enter an order awarding the property to one of you and then doing whatever else needs to be done with the property. Since this is so long after the initial divorce you are going to need a lawyer to assist you.

You can find a lawyer to assist you by going to and in the section for Area of Practice enter Family Law.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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