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Deed of gift to spouse after short marriage then files for divorce.

Asked over 3 years ago - Cypress, TX

A single person has a mortgage on his residence in Harris County, Texas and has held a mortgage on the property for 6 years. He then gets married and his wife and her mother pressure him into having a deed of gift written up on the property by an attorney (to save the marriage) to include the new wife's name. Then the original purchaser files for divorce after less than 4 months, can the original purchaser have the wife's name removed from the deed? How?

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Attorney answers (1)

Fran Brochstein

Reputation Level 15

Answered over 3 years ago. Mediation Attorney in Houston, TX.

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You need to discuss this with your divorce attorney. If you don't have one, you definately need one.

It sounds like you are saying that the husband has taken his separate property and made it joint property.

The divorce property division will determine who gets what. Perhaps the husband is entitled to more than 50% of the community property.

How to get the wife's name off the deed -- she can agree to sign a legal document removing her ownership of the property.

Let me guess...she refuses to do so.

Again, I highly recommend that you stop posting on free websites and talk to your attorney immediately or hire a family law (aka divorce) attorney immediately.

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Other answers (1)

Avvo User

Answered by a user, almost 2 years ago.

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Doesnt the fact that the value as they enter into the marrage was personal property and just because she is not on the deed, does all the personal property now get converted to community property. I thought I had heard that the a the time of the marrage, to the time of divorce, the value of the house that goes up and is paied down by the loan, is community property. But, does the fact that the deed was signed over, take all that value prior to marriage and turn it into community property, even if it was done during the marriage some time. does it make any difference if it is a short term marriage vs a long term. (greater than 10years?)

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