Verbal agreements, divorces and deeds
Answers to real estate questions as appearing
in the Houston Chronicle By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: I'm divorced and, according to the divorce decree, entitled to the house. I've been paying the property taxes, but the deed to the house is in my name and my ex-husband's name. Do I need to change the deed? If so, how do I go about it? My ex-husband will likely not sign any papers to assist me.
Answer: If the divorce decree has conveyance language in it, you don't need another deed. Each title company has its own underwriting standards, so you may want to check with your title company before you contemplate selling the house. At worst, you'll have to go back to the court and modify the order or get an order requiring that your ex-husband sign the deed. Don't hesitate to shop title companies if you need to. Conveyance language in a divorce decree can take different forms, but it usually states something similar to the following:
It is decreed that the estate of the parties be divided as follows: Petitioner is awarded the following as petitioner's sole and separate property, and respondent is hereby divested of all right, title, and interest in and to such property: All property listed in Schedule A attached hereto and made a part hereof by reference.
In this case, you are the petitioner and your ex-husband is the respondent. Before you take any action, consult with your own attorney.