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How can I get my former spouse removed from my mortgage documents?
Q: My former spouse and I bought a house together, but we are now divorced. We handled our divorce privately, without lawyers, and have a divorce decree awarding the house to me that has been signed by a judge. The mortgage, however, still lists both of our names. How can I get a copy of the deed and other official documents for the properties? Also, after my ex signs a temporary warranty deed, what else is required to get the house in just my own name?
A: By knowing your name and property address/legal description of your property, Austin Title can assist you in obtaining a copy of your Warranty Deed. With a copy of the Warranty Deed, an attorney can draw up a deed with assumption language (to address the mortgage on the property) from your ex-wife into yourself that you could have filed of public record in the county where the property is located. This will cost you about $75-$100 for the attorney to draw up the deed and about $24-$32 for recording of the deed. This will put title of the property into your name only. The only way to get your ex-wife off of the mortgage (Deed of Trust) on the property is for you to refinance the property individually thus removing her from the note.