quitclaim and divorce

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mlc

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PostPosted: Tue May 05, 2009 10:00 pm    Post subject: quitclaim and divorce

property was purchased when we were not married and is stated so in the title - unmarried couple. married 3 yrs later and 1 yr later going thru a divorce. the decree will have both financially responsible for paying mortage but i want to quitclaim the property to the ex as opposed to paying other support. in texas does the divorce decree override the mortage paperwork that states lender can call in full payment of mortage if rights are transferred? thanks
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sara
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PostPosted: Wed May 06, 2009 1:21 am    Post subject:

Hi mlc,

If the divorce decree states that you will transfer the property to your ex spouse, then the lender will not be able to override it. But if the divorce decree states that both of you will be financially responsible for the mortgage, then the lender will not be ready to let you transfer the property to your ex-spouse.

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