ex-girlfriend...deed of trust

What is the name of your state? Texas


OK, here's the problem. Just got married. My new husband decides to sell HIS home and we live in mine. We got a piddly offer but during the title search the title company says an ex-girlfriends name is on the deed to the property as "spouse." They were never married and she never lived in the house. Bottom line, there was a plan to get married while they were house hunting, but after a month the relationship fell apart, she moved away, and there ya have it. She was not at the closing, she didn't sign the actual deed...but the paperwork was never corrected removing her name... Its a rent house that is making no profit and yet she still refuses to sign a deed of trust...what do we do? Without her signiture we can't get rid of it because the title company says that they can't guarantee clear title to a potential buyer. HELP!!!!!!!!!!!

[I AM ALWAYS LIABLE]

Originally posted by utterlynuts
What is the name of your state? Texas


OK, here's the problem. Just got married. My new husband decides to sell HIS home and we live in mine. We got a piddly offer but during the title search the title company says an ex-girlfriends name is on the deed of trust as "spouse." They were never married and she never lived in the house. Bottom line, there was a plan to get married while they were house hunting, but after a month the relationship fell apart, she moved away, and there ya have it. She was not at the closing, she didn't sign the actual deed...but the paperwork was never corrected removing her name... Its a rent house that is making no profit and yet she still refuses to sign a deed of trust...what do we do? Without her signiture we can't get rid of it because the title company says that can't guarantee clear title to a potential buyer. HELP!!!!!!!!!!!

My response:

This was his costly mistake. Either make her an offer of money in exchange for her signature, or your husband is going to have to spend the money to sue her for "Partition" and wind up having to pay her money in exchange for her signature.

Come up with an offer that is "one-time", and "non-negotiable" (either accept or reject) and if she rejects it, sue her.

IAAL

Well, took your advice but our attorney said we'll file for a "declaratory judgement" against her and she'll need toprove her "marital status" at the time. Judges here don;t seem to have a lot of tolerance for people out to "make a buck" which truly is all this is (in addition to just being plain bitter.) Funny thing is IF we sell we'll be lucky to break even. We just don;t want 2 mortgage payments! Thanks again!

[HomeGuru]

Good luck and keep us posted after it is resolved.

[JETX]

Kind of interesting************** how long were they together???
The reason I ask is that Texas is an 'informal marriage' state, so if they meet the fairly easy requirements. And the fact that he name is shown as 'spouse' on the deed may go a long way to support a claim of marriage.
And if that is the case.... then he would have to go through the full process of divorce before he would be free to marry.

[HomeGuru]

My take is that the mere fact that her name is on title as a titleholder tenant, regardless if she is incorrectly named as "spouse" on the deed, and regardless if the tenancy is JT or TC, makes her a property owner.
She is not obligated to sign off on the deed without consideration as IAAL stated.

[JETX]

I agree.... however, was just 'tossing in' the potential issue of already married since it should at least be considered since the writer "Just got married"!!

She came here and lived with him for less than a month (long enough to get her name on the title though.) After a month they realized they weren't going to get married and she left before he closed on the house (thus why her signiture isn;t on any of the closing documents.) I don't know why they didn't make the corrections BEFORE he signed. I guess we can chalk it up as a learning experience. As far as the "getting" divorced from her thing goes, I don't think living together for a month (even in po-dunk Texas) constitutes a common law marriage does it? I sure hope not or he's a polygamist...because we're married (legally.) Lord, what a mess... I'll definetely let you know what happens. We're giving her two weeks to respond and then we're taking IAAL's advice and suing her. Thanks so much for everyone's input...this hasn't been easy.

[JETX]

Under the Texas Family Code:
"§ 2.401. PROOF OF INFORMAL MARRIAGE.
(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
(1) a declaration of their marriage has been signed as provided by this subchapter; or
(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.
(b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.
(c) A person under 18 years of age may not:
(1) be a party to an informal marriage; or
(2) execute a declaration of informal marriage under Section 2.402."

You will notice that there is NO time stipulated to create an informal marriage in Texas. And though I feel it is unlikely that she would do this (after only one month of co-habitation), her name on the deed as 'spouse' could go a LONG way to show that their relationship met the conditions of an 'informal marriage'.
The only way to be absolutely sure that the relationship might not be claimed is to allow the two year 'declaration' period to expire.

A common law marriage (I'm assuming thats the what Texas calls an "informal" marriage as described above) I thought had to be six months or longer. Or is that just other states (who are smart enough to DEFINE their laws thereby avoiding the ambiguity?)

[JETX]

"A common law marriage (I'm assuming thats the what Texas calls an "informal" marriage as described above) I thought had to be six months or longer. "
*** And clearly, you 'thought' wrong. So much so that I don't know of any states that even have a 'six month' requirement.

From another site:
"In fifteen states and the District of Columbia, common law marriages are recognized. If a man and a woman (same-sex marriages aren't recognized) live together and "intend to be married" by acting like they are married, telling people they are married, and doing the things married people do (using words like "husband" and "wife," filing joint tax returns, etc.), they become common law spouses. This gives them the same rights and responsibilities as people who got married the old-fashioned way, with a trip to City Hall and a wedding.

"There's no simple test to see if a couple qualifies as being common law married, and the only time the question usually arises is in court. If, after death or separation, one partner claims there was a common law marriage and wants the benefits of marriage, the court would consider many factors to determine if there was truly intent to be married. Since the seven-years-to-automatic-marriage idea is only a myth, determining whether a common law marriage existed can be complicated. Some lawyers recommend that couples write, sign, and date a simple statement that says they do or do not intend to be married, to offer protection should the question ever arise."

Here is a list of states that recognize 'common law' marriage and the requirements. You will notice that NONE of them have a six month requirement as you believe:
1. Alabama: The requirements for a common-law marriage are: (1) capacity; (2) an agreement to be husband and wife; and (3) consummation of the marital relationship.

2. Colorado: A common-law marriage may be established by proving cohabitation and a reputation of being married.

3. District of Columbia: The requirements for a common-law marriage are: (1) an express, present intent to be married and (2) cohabitation.

4. Iowa: The requirements for a common-law marriage are: (1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.

5. Kansas: For a man and woman to form a common-law marriage, they must: (1) have the mental capacity to marry; (2) agree to be married at the present time; and (3) represent to the public that they are married.

6. Montana: The requirements for a common-law marriage are: (1) capacity to consent to the marriage; (2) an agreement to be married; (3) cohabitation; and (4) a reputation of being married.

7. Oklahoma: To establish a common-law marriage, a man and woman must (1) be competent; (2) agree to enter into a marriage relationship; and (3) cohabit.

8. Pennsylvania: A common-law marriage may be established if a man and woman exchange words that indicate that they intend to be married at the present time.

9. Rhode Island: The requirements for a common-law marriage are: (1) serious intent to be married and (2) conduct that leads to a reasonable belief in the community that the man and woman are married.

10. South Carolina: A common-law marriage is established if a man and woman intend for others to believe they are married.

11. Texas: A man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married.

12. Utah: For a common-law marriage, a man and woman must (1) be capable of giving consent and getting married; (2) cohabit; and (3) have a reputation of being husband and wife.

I don't know where I heard it so I was just curious. Well, all I know is it's a mess and we'll just wait and see...Thanks! And I realize that there was a good possibility I "thought wrong"...that's why I'm on this forum.

[HomeGuru]

So a good idea would be to not believe everything you hear.

So a good idea would be to not believe everything you hear.

**And only half of what you see

[HomeGuru]

What a "half ass" response.