[TX] Does my ex have to sign a quitclaim deed before his name can come off the mortgage?

TX Divorce

I was awarded a property in my divorce. The decree requires me to pay my ex $20,000 secured by an owelty lien, and once paid, he must release it. If he signs the lien release, will that remove him from the loan, or do I still need to refinance?

January 12, 2026

Craig

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You might consider a conditional agreement where he agrees to sign once the loan assumption is approved (Tex. Bus. & Com. Code § 26.01(b)(4)). You could also ask the lender if they can provide conditional approval (Tex. Prop. Code § 5.021).

Texas Quit Claim Deed

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Lexi, Chatbot

Are you currently working with a lawyer?

No.

Lexi, Chatbot

Anything else the lawyer should know?

My ex wants his name off the loan first. He’s willing to release the lien, but he won’t sign anything until he’s removed from the mortgage. But I can’t start the loan assumption without his signature.

Craig

I understand. Have you discussed next steps with the lender?

Yes, they repeated that they need the divorce decree and quitclaim deed.

Craig

Have you prepared those documents?

I just made the quitclaim deed and I have the final divorce decree.

Craig

Have you talked to your ex about addressing his concerns?

No. He said he needs proof his name is off the mortgage before signing the quitclaim deed or lien release.

Craig

He’s now pushing to sell the house instead, which would leave me and my daughter without a home.

Craig

This involves an owelty lien, quitclaim deed, loan assumption, and lien release. I can provide guidance if you’d like.

No questions.

Craig

You may:

Ask the lender for written conditional approval
Draft a conditional agreement
Consult a real estate or family law attorney
Refinance if assumption fails

Are there forms for a conditional agreement?

Craig

There are no standard forms. A lawyer should draft it to ensure it’s enforceable.

Do you recommend a lawyer?

Craig

I can’t recommend specific lawyers, but a local family law or real estate attorney would be appropriate.

Thank you.

Craig

You’re welcome. Reach out anytime.

Craig

4,561 satisfied customers

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