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2 year old divorce with no special warranty deed and trying to sell the property.

Conroe, TX |

I got divorced 2 years ago, the house was awarded to me and I paid my ex 5000.00. I re-financed the home after the divorce and removed her from the mortage. I am in the process of selling the property and the title co is asking me for proof that I paid ex the 5K. In the decree it states that I was to pay her the 5K but it does not specify what the $$ was for. I never got a special warranty deed signed. Is it too late to get a deed signed? Can she come after me for any money or interest in the property when if I approach her with deed to sign? All advice is appreciated!!

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Attorney answers 1


Your Divorce Decree may/should contain a provision that requires the parties to execute all forms and paperwork relating to the property division. This would require her to sign the special warranty deed if such was ordered in the decree.

If you were awarded the home at the time of the divorce but simply failed to have an executed Special Warranty Deed, she should not be able to claim any interest in the home since the date of the divorce.

If you and your ex were both represented at the divorce, you should consider speaking with your attorney about this and seeing whether he or she can get the Special Warranty Deed executed for you.

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