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My husband and I out money down on building a new home

My husband and I...

My husband and I out money down on building a new home befire we separated. We sold our old home and split the profits before filing for divorce. I have now filed for divorce, but it is not yet final. The NEW home closing date is this week, so since we are still legally married, i will have to sign the paperwork in my married name with him as this is a community property state. This new property is not mentioned in the divorce decree. So, after the divorce is final, and whether I change my name back to my maiden name after the divorce or not, don't I still own 50% of that home, even if I am not on the loan, and he cannot take me off as co owner without my written consent? And, he cannot sell the property without my consent, and without paying me half the proceeds? Lastly, am i in ANY way responsible for the mortgage on this home if I am NOT on the loan but on the Deed?

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

No

Lawyer's Assistant: Where is the home located?

Odessa texas

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Answered in 9 hours by:
3/20/2018
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 2,898
Experience: Executive Director at Neurogenx Nerve Center of Princeton
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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Y​es, if you both sign at the closing you both own the home and he cannot unilaterally remove you from the deed. Also, if the mortgage is in his name, it's his mortgage. Please let me know if I've answered your question. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Customer reply replied 1 month ago
I plan to change my name after the divorce back to my maiden name. Is my ownership in this property as per the Deed contingent on my name staying the same, or the law simply recognizes that I am one and the same person

No, it will not affect ownership since you're still the same person :)

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I​s there anything else I can answer for you?

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Customer reply replied 1 month ago
One more. This is my understanding. Am I correct? He cannot sell or transfer this property in any way, without my consent and signature, AND, if this home is sold, I am entitled to 50% of the proceeds. Correct?

That is correct.

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If you are on the deed he either needs your consent or the permission of the court in order to transfer or otherwise dispose of the property.

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Customer reply replied 1 month ago
Since this property is not mentioned at all in our Divorce Decree, and yet to be finalized, a judge cannot simply remove me because we are divorced, correct?

No, a court is very unlikely to simply remove someone without some meaningful discussion/evaluation.

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Customer reply replied 1 month ago
If he should refinance the home, i still remain on the deed, right?

Yes, refinancing has no impact on who is on the deed.

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Customer reply replied 1 month ago
Can you think of anything else I should be aware of or should know regarding this situation?

I​n theory you would want this addressed by the court before your divorce is finalized b/c there's a high probability that one or both of you will be filing for the court to make some decisions regarding the property after the divorce is finalized since it's a very significant asset that wasn't addressed. Please let me know if I've answered your question. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

Olivia Kent
Category: Real Estate Law
Satisfied Customers: 2,898
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified
Olivia Kent and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you. 5 stars

Thanks so much for your rating!
And, just for future reference, I want you to have a way to get back to me directly (if you want). If you need anything and you want to reach me you can do so by clicking HERE
or by putting "This Question Is For Olivia" before you start typing your question.

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Category: Real Estate Law
Satisfied Customers: 2,898
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Experience: Executive Director at Neurogenx Nerve Center of Princeton

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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