if my husband wants to take my name off of the original house title to refinance will I still be entitled to the percentage I am to recieve should he sell it

I’m Divorced and my ex-husband is asking me to sign a paper to remove my name from the title so that he can refinance If I agree to sign off will I still get my agreed percentage if he sells it

Asked on May 27, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on the wording in your divorce decree.  If the decree says you get zero, upon the sale of the house (regardless of how the financing is arranged), then you will still get zero after refinance.  If the divorce decree says that if/when he sells the house you get a portion, then you will get a portion of the proceeds regardless of the financing. If you are not sure what the wording in your final decee means, then you need to arrange for a consultation with an attorney or attend a local legal clinic to have an attorney review your actual decree.

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