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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34516
Experience:  30 years of real estate practice experience.
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My wife's husband took the & was supposed to give my wife

Customer Question

My wife's husband took the & was supposed to give my wife 30,000. Instead head was going to let it go back. We married & We moved in I started paying notes & taxes later we refinance for 190,000 with both signed the note in Texas but my name is ***** ***** the deed. Can I make them put my name on deed?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

While the court can not order your name put on the deed, if the ex is in violation of the terms of the decree your wife can file a motion to have him held in contempt for the noncompliance. As a sanction the court may order him to quitclaim his interest to your wife and she can then add your name, if you both want.

Customer: replied 1 year ago.
Doesn't the fact that we have a loan on the house I should be on the deed?
Customer: replied 1 year ago.
It was N SBA Loan
Customer: replied 1 year ago.
Expert:  Loren replied 1 year ago.

Thank you for following up.

Unfortunately, the loan and title are two different things and being on one does create any obligation, in and of itself, with regard to the other.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

But if the ex is not complying, your wife should file to have him held in contempt.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.