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Old 07-15-2005, 03:21 PM
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Join Date: Jul 2005
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The soon to be ex husband won’t sign the deed, help


What is the name of your state?What is the name of your state? Texas

My sister and I are buying a house, but my sister is still married with her soon to be ex-husband. We are not sure what the law says in Texas, but the mortgage company is saying that he is required by law to sign the deed since they are still married. We also have been told he does not necessarily need to sign, but he could sign a release form. The problem is that he DOES NOT WANT to sign the deed for the new house, and we can not buy the house without his signature. And we can’t wait that long for them to get a divorce. We really want and like this house, it is such a good deal that we can not just lose it because of the ex. We need to know what our options are, and if it is possible to buy the house without the soon to be ex-husband's signature. Thank you!
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Old 07-15-2005, 05:30 PM
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Join Date: Jul 2005
Location: CA
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with no legal experience,

can you qualify to buy alone without your sister? perhaps create a trust or limited liability partnership between you two and you purchase it alone and transfer after the divorse. the point of this is so that there is no new transfer taxes and new assessments.

you can get your mortgage company to stipulate that you will be allowed to transfer an assumption to your sister. some loans accelerate upon transferring an assumption but you can get your lender to allow it for you sister by including it in the loan terms.

or what about if your sister co-signs the loan.

i hope that helps.
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