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Special Warranty Deed

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techover Joined: 19 Mar 2010 Posts: 1 1.40 Dollars($)	Posted: Fri Mar 19, 2010 10:00 pm    Post subject: Special Warranty Deed Like 0 Dislike 0 We are divorcing in Texas. There is a considerable amount of equity in our home. I am allowing my wife and children to live in the house for 7 years. I expected to be on the deed until sale or refi but she isn't ok with co/ownership. She is requesting that I sign a special warranty deed and insting that it will contain language that protects my interest. I can find no evidence that a special warranty deed can serve to protect my share of the equity. Its seems clear to me that I would be relinquishing my claim pure and simple. Even if I am allowed a claim by the decree, I can't stop her from renting, foreclosing, claiming bankruptcy or selling it for next to nothing. Then there is the fact that my share of the equity is reducing the payments for 7 years. I am considering asking for an immediate buyout. ( I'm not on the mortgage, just the deed)
adonis Joined: 22 Oct 2005 Posts: 10562 Location: ALASKA 1089.18 Dollars($)	Posted: Sun Mar 21, 2010 10:28 pm    Post subject: Like 0 Dislike 0 Welcome techover, You can definitely ask your wife to buy you out immediately and then transfer the property to her. Thus, you would receive your share of the money immediately and you won't have to wait until she sells off or refinances the loan. _________________ Procrastination is the enemy of your financial success

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