No Physical Description of Home in Divorce Decree -- Texas

[flurderkian]

Here's the situation:

1. My uncle was rewarded the house in his divorce.
2. My uncle refinanced the house and exluded his ex-wife from the home.
3. My uncle put the house on the market and sold the house.
4. My uncle got to the final stages of the papers, but now CANNOT SELL THE HOUSE because the Divorce Decree does not have the Physical Description of the house, only the address.
5. MY uncle's ex-wife won't come in to re-sign the Divorce Decree and amend it with the physical description.

Any advice? I can't find anything definitive on the internet.

Thanks in advance.

 

[Zigner]

Here's the situation:

1. My uncle was rewarded the house in his divorce.
2. My uncle refinanced the house and exluded his ex-wife from the home.
3. My uncle put the house on the market and sold the house.
4. My uncle got to the final stages of the papers, but now CANNOT SELL THE HOUSE because the Divorce Decree does not have the Physical Description of the house, only the address.
5. MY uncle's ex-wife won't come in to re-sign the Divorce Decree and amend it with the physical description.

Any advice? I can't find anything definitive on the internet.

Thanks in advance.

I don't understand why the address isn't sufficient. Is this a mobile home placed on a piece of land? I think uncle needs an attorney.

 

[Pinkie39]

I don't understand why the address isn't sufficient. Is this a mobile home placed on a piece of land? I think uncle needs an attorney.

Presumably "physical description" means the legal description of the property (which would be in the mortgage title paperwork). Probably have to make sure that both legal descriptions (from title and divorce decree, if one was put in there) match, as it could be possible for a property address to have changed. I do agree that uncle needs an attorney.

 

[flurderkian]

That's why I'm trying to help him out -- it seems bogus.

​

My uncle HAS an attorney (the one he used for the Divorce Decree, coincidentally). The attorney has no answers.

​

The home is not mobile -- it's a great single-story home in an established neighborhood.

​

HIS title company is fine with it (I mean .. they let him REFINANCE his house, so the paperwork was fine then).

Apparently, the issue is with the Potential Buyer's title agency. Even though the Legal Description AND the address is at the County Clerk's Office, they won't move forward.

Any other thoughts? This man really needs a break.

Thanks again.

 

[Bali Hai]

That's why I'm trying to help him out -- it seems bogus.

​

My uncle HAS an attorney (the one he used for the Divorce Decree, coincidentally). The attorney has no answers.

​

The home is not mobile -- it's a great single-story home in an established neighborhood.

​

HIS title company is fine with it (I mean .. they let him REFINANCE his house, so the paperwork was fine then).

Apparently, the issue is with the Potential Buyer's title agency. Even though the Legal Description AND the address is at the County Clerk's Office, they won't move forward.

Any other thoughts? This man really needs a break.
Thanks again.

Did uncle's ex sign a quit claim deed to the property?

Hopefully uncle has learned his lesson and won't put himself at risk of divorce in the future.

 

[flurderkian]

Hopefully uncle has learned his lesson and won't put himself at risk of divorce in the future.

Was trying to keep this objective and ant-drama, but ... after 23 years of marriage, my uncle came home and my aunt was gone. No note. No smoking gun as far as relationship issues. No nothing.

1 week later he was served with divorce papers.

Come to find out my aunt had an ongoing relationship with her boss for a year and moved in with her boss, and hasn't talked to her family (including me) since.

So yeah, not sure there's anything for him to learn from this situation.

 

[flurderkian]

On top of that, the only thing he got out of the divorce was the house.

And now he can't sell it.

So, any help in this area would be much appreciated.

Thanks in advance.

 

[Pinkie39]

On top of that, the only thing he got out of the divorce was the house.

And now he can't sell it.

So, any help in this area would be much appreciated.

Thanks in advance.

He needs a real estate attorney. His divorce attorney isn't going to be able to help, obviously it's not his (or her) area of specialty.

 

[Bali Hai]

Was trying to keep this objective and ant-drama, but ... after 23 years of marriage, my uncle came home and my aunt was gone. No note. No smoking gun as far as relationship issues. No nothing.

1 week later he was served with divorce papers.

Come to find out my aunt had an ongoing relationship with her boss for a year and moved in with her boss, and hasn't talked to her family (including me) since.

So yeah, not sure there's anything for him to learn from this situation.

When you're married, and I don't care for how long, you are at risk for divorce. It ain't worth it.

 

[Zigner]

When you're married, and I don't care for how long, you are at risk for divorce. It ain't worth it.

Now, wait a second.

If one is divorced, then they are at risk for marriage It just boggles the mind!

 

[Ohiogal]

On top of that, the only thing he got out of the divorce was the house.

And now he can't sell it.

So, any help in this area would be much appreciated.

Thanks in advance.

Is aunt still on the deed?

 

[Bali Hai]

Now, wait a second.

If one is divorced, then they are at risk for marriage It just boggles the mind!

Not me brother Zig.

 

[LdiJ]

That's why I'm trying to help him out -- it seems bogus.

​

My uncle HAS an attorney (the one he used for the Divorce Decree, coincidentally). The attorney has no answers.

​

The home is not mobile -- it's a great single-story home in an established neighborhood.

​

HIS title company is fine with it (I mean .. they let him REFINANCE his house, so the paperwork was fine then).

Apparently, the issue is with the Potential Buyer's title agency. Even though the Legal Description AND the address is at the County Clerk's Office, they won't move forward.

Any other thoughts? This man really needs a break.

Thanks again.

The fact that he refinanced the house and removed your aunt from the home in the process is why this makes absolutely no sense. The divorce decree shouldn't even factor into the situation UNLESS for some reason your uncle messed up in the refinance process and she got left on the deed.

 

[not2cleverRed]

The fact that he refinanced the house and removed your aunt from the home in the process is why this makes absolutely no sense. The divorce decree shouldn't even factor into the situation UNLESS for some reason your uncle messed up in the refinance process and she got left on the deed.

You know, it actually could have nothing to do with whether her name is on the deed; it could be some other goofy thing.

My parent's next door neighbor ran into trouble when the property was being sold because some extra diligent fellow at one bank noticed that the property
in no way matched the description the developer originally filed with the city, and was going to deny a mortgage based on that. So here was a neighborhood of 56 houses, all 30+ years old, and none of them matched what was originally on file with the city. (The reason was simple: the developer decided to go around the boulders rather than blasting through.) For decades prior to this people had bought and sold houses on this street with no issues...