Once divorce has been finalized and the house is awarded to the wife, how does she go about changing the title/deeds from the husband’s name to hers without changing the mortgage?

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Once divorce has been finalized and the house is awarded to the wife, how does she go about changing the title/deeds from the husband’s name to hers without changing the mortgage?

Is this possible?

Asked on December 22, 2015 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

If there is a current mortgage in place, the original deed will most likely be in both spouses names until the mortgage is satisfied and the accompanying lien is released.  Until that lien is lifted, the mortgage company will not release a change in the title.  The best way to get the husband's name off the title, is to refinance the house in her name alone and then a new deed will be issued in her name alone. 
However, if refinance is not possible, then the husband should at least sign a special warranty deed. This deed is then filed with the county clerk's office.  It serves as notice to the rest of the world that the husband no longer has an ownership interest in the house.  The final decree of divorce will also have the same effect if it contains "minument of title" language.  This type of language in a final decree also has the effect of authorize changes in title. 


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