Can I file a special warranty deed for 50% interest of my home?

In my divorce I got 1/2 the interest to our residence, a small house that my ex-husband’s parents gave him when we were first married. They did not put my name on it; there is no mortgage on this small house. In the divorce, my husband failed to respond to the summons and defaulted. I did not file a special warranty deed. Now my ex-husband has died; can I still file a special warranty deed?

Asked on June 21, 2012 under Family Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Rather than filing a special warranty deed with resoect to the home that you received an interest in during the marital dissolution that you went through, all you need to do is record a certified copy of the court order and judgment on the home with respect to the default.

Before you do such, I suggest that you consult with a real estate attorney and have him or her review the default that you have written about. If you believe a special warranty deed will place title of the home in your name, the default judgment with respect to it should.


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