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Trying to find correct form - PRO SE DIVORCE, PROPERTY INVOLVED

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tamibrittain

Junior Member
What is the name of your state (only U.S. law)? TEXAS

Hi, asking on behalf of friend, she is divorcing in TX, doing pro se due to financial reasons. She and husband own a home, she is walking away from it, giving him full responsibility/rights. Does she file a quitclaim deed or a warranty deed in this circumstance. They've worked out amongst themselves, she simply is giving him the property and all equity associated with this property.

Not seeking solicitation of obtaining an attorney, just trying to determine which form to use.

Thanks in advance for any assistance in this matter.

tamiWhat is the name of your state (only U.S. law)?
 


tamibrittain

Junior Member
thank you

Steven -

If a deed will not absolve her, how can she remove herself from this then? There HAS to be a form out there that will do this. Thank you again in advance for your direction in this matter.

tami
 

Mass_Shyster

Senior Member
Steven -

If a deed will not absolve her, how can she remove herself from this then? There HAS to be a form out there that will do this. Thank you again in advance for your direction in this matter.

tami
He will have to refinance the mortgage in his own name, or convince the mortgage company to remove her.

The mortgage company must agree to this. It cannot be forced upon them without their approval.
 

mistoffolees

Senior Member
He will have to refinance the mortgage in his own name, or convince the mortgage company to remove her.

The mortgage company must agree to this. It cannot be forced upon them without their approval.
And even then, she should not sign a warranty deed - which would leave her open to lawsuits in the future.

Sign a quit claim deed, but (as you've indicated) only when her name is off the mortgage.

If stbx can't or won't do that, ask the judge to order the house sold.
 

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