A Texas license holder is working with a divorced seller who owned property as community property with a former spouse. The divorce decree awards the property to the seller. Under Texas law, what document should the license holder ensure exists in the chain of title?
Correct Answer
B) A certified copy of the divorce decree, because it serves as evidence of the title transfer but a separate deed from the former spouse is also recommended for a clean chain of title
In Texas, a divorce decree that awards community property to one spouse operates as a transfer of the other spouse's interest. However, for clarity in the chain of title and to avoid title insurance issues, it is strongly recommended (and common practice) to record a certified copy of the divorce decree in the county deed records and to obtain a separate deed from the former spouse confirming the transfer.
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Under the Texas Family Code, what is the legal term for a written agreement between spouses that converts community property into one spouse's separate property?
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A Texas married couple purchases a vacation home together using a joint savings account containing only community funds. The deed lists both spouses as grantees. Under the Texas Family Code, what type of community property is this?