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mortgagefit11 · Joined: 30 Jun 2010 Posts: 2 1.53 Dollars($)

I got divorced a year or two ago but there was never a quit claim deed signed, just the divorce decree giving me the house in full (signed by her, of course). When I refinanced the house last June, I had the (mistaken?) understanding that I would get a new deed in my name. The title company took the old deed, refinance papers with the loan in just my name, and the divorce papers and filed them, and said that was good enough for them legally. I was not going to get a new deed without my ex on it.

Is this done right? Should they have done a new deed? Do I need a quit claim form? Most importantly, when I go to sell the house, will I need to get my ex involved to do so, or will I be able to do it based on the title company's having recorded the current loan with the old deed and my divorce papers assigning the home to me?

mortgagefit11 · Joined: 30 Jun 2010 Posts: 2 1.53 Dollars($)

The title company said if I wanted a new deed, I had to get a lawyer to draw up a quit claim deed - they wouldn't do it with the refinancing as I had expected. Is that right? Or are they being lazy?

dipaligopale · Joined: 25 May 2010 Posts: 790 22.70 Dollars($)

Hi guest,

One of the simple solution for this problem is quit claim deed.Ask your ex to sign the quitclaim deed and the problem is solved.If she/he still denies to do that you can file a petition in court to get the transfer of the ownership.

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New deed when refinance? (Texas)

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