Got this email the day after Christmas: Good morning Noel and Andy, I hope y’all had a wonderful Christmas. My question this morning: How do I get my name off the current mortgage when my husband is buying me out and he does not want to refinance? Is there another way to remove it from […]
The Case of the Missing Owelty Language Circa Fall 2018 Marriage of 20+ years is ending. Marital Residence worth $500,000 is free and clear of mortgages and is to be awarded to husband subject to a buyout to wife of her interest in the property. The knowledgeable and studious Traci Hutton represented wife and wrote Owelty […]
Great Question from an Attorney My client (Wife) will be receiving a payout from a refinance of the marital home. I know that Husband will need to sign a Deed of Trust to Secure Owelty of Partition, but I am afraid of the implications if Wife signs a special warranty deed prior to husband refinancing […]
I count about a dozen misconceptions, faulty assumptions or myths about mortgage financing in divorce in the following email exchange with a new customer. But, I realized that by sharing this with you, I could address several critical elements in divorce-financing pertaining to the buyout (specific to Texas as the Owelty lien; other states as […]
DID YOU KNOW THE OWELTY LIEN CAN ALSO BE CREATED FOR A CO-HEIR BUYOUT? Pass this on to your probate and estate planning attorney friends. For that matter, get this information to anyone who is or is going to be an heir of a family homestead. Even though the Owelty lien is most often thought […]
This blog is usually written to family law attorneys. But, this post is more broad. Attorneys, divorced/divorcing homeowners, financial planners and more can benefit from this simple information. I was quite surprised. I’d never paid close attention to insurance. My field is mortgage financing for divorcing home owners and buyers. I just had good agents […]
I get this once in a while. Can I secure alimony (spousal maintenance, contractual alimony, whatever) with an *Owelty lien? For family law attorneys in all states other than Texas (like California where I was just licensed to do mortgage loans), the principle and idea is the same. See footnote for explanation of the Owelty. […]
“Hi Noel,” writes one of the most awesome family attorneys in Texas, “do you have a quick email or blog you could point me to that I could show my client re: the general structure of how child support and alimony would factor into giving a non-monied spouse the ability to refinance a home?” Well, […]
Did Someone Just Conflate the Special Warranty Deed with Encumbrance for Owelty of Partition with the Deed of Trust to Secure Assumption? Have you ever seen this? A total misunderstanding and misapplication of the Owelty lien. This scenario illustrates what the Owelty lien IS NOT. And, using definition by negation, perhaps we can clarify even […]
Here are the Tools in the Owelty Documents Tool Kit The Divorce Decree The Owelty Deed of Trust The Special Warranty Deed with Encumbrance for Owelty of Partition The Owelty Real Estate Lien Note The Release of Owelty Lien The Proceeds Allocation Letter The Check Written to You ? I shall discuss the last two […]
