As a Houston Divorce Lawyer on more than one occasion, I have had my clients think that once the Final Decree of Divorce is signed there is nothing left to do. In some cases, that may be the case. In other cases, involving certain types of property including real estate their other documents to be prepared.
These documents can be prepared and signed in conjunction with the Final Decree of Divorce. However, it is not uncommon for them to be prepared and signed at some point after the Texas divorce.
Closing Real Estate Documents After the Texas Divorce
After the divorce real estate that you owned together is now going to need to be titled to just one of you. Usually, a special warranty deed will need to be drafted, then signed by one of you, and afterward filed with official real estate records in the Texas county where the property is located.
How is this accomplished?
- Generally, the divorce lawyer representing the party receiving the property drafts the deed. If one party is Pro Se - representing themselves this may need to be worked out. Sometimes a Pro Se party may need to hire an attorney to take care of this for them.
- Once the deed is drafted the party not getting the property will need to sign it transferring their interest in the property to the party receiving the property. Their signature will need to be before a notary.
- The next step is for the deed to be filed with the county clerk in which the property is located. This is normally done by the divorce attorney representing the spouse receiving the property.
What if my spouse will not sign the deed?
This problem can be handled in one or two ways. When drafting a Final Decree of Divorce if documents need to be signed most Texas Divorce lawyers will also include specific language that requires the parties to appear at a specific place and time to sign specific documents.
If this language is included and your spouse refuses to sign the appropriate documents at the correct time and place a “motion for enforcement" can be filed with the court. When one party refuses to do something that has been ordered in the Final Decree of Divorce the Judge may hold the uncooperative party to be in contempt, and assess attorney's fees, penalties, and possible jail time against that spouse.
Another thing a good Texas Divorce Lawyer will do is draft the Final Decree of Divorce in such way as that it can serve as “muniment of title”. If the Final Decree of Divorce is drafted correctly and the appropriate language is placed in the decree then the Final Decree of Divorce can be filed with the county clerk and will serve as a deed transferring the property.
Whenever possible I prefer to take both steps. Getting the spouse to sign the deed is preferred but if necessary if the language is in the decree then that can get the job done.
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Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with a Spring, TX Divorce Lawyer right away to protect your rights.
A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.