ask george & chuck
Jan. 21, 2008

Divorce, access to property
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: My wife and I are getting a divorce, and she's keeping the house. I want my name off all ownership papers. What's the cheapest way to do this?

Answer: Have your home refinanced using only your wife's credit. As it stands now, you both probably obtained the financing to purchase your home, and both of you most likely signed the loan documents in which you both stated that you will both be liable for repaying the loan. The lender does not care that you are getting a divorce. The only way you can get off the hook for the loan, and off the "ownership papers," is if the lender can justify refinancing the home based solely upon your wife's credit. Make sure you consult a divorce attorney before contacting your lender.

Dear George: I recently purchased 50 lots but someone fenced in the designated right of way to two of these lots, denying me access. What are my options?

Answer: Contact the title company. The standard Texas owner's title policy guarantees access, unless it is specifically excepted from the policy. Was it contained in the title commitment? That is supposed to be reviewed by the buyer prior to closing. If not excepted, you need to make demand on the title company to resolve the problem. It will probably require injunctive relief initially, then a permanent injunction if the right of way can be established.