Can you be on a Deed of Trust for a home and not be an Owner?

Question

In Texas, my friend married a man that had purchased a home several years prior, with his first wife. Three years after the original purchase, be had another Deed and Deed of Trust done, releasing his ex-wife from all responsibilties for the home. About eight years later, after he and my friend were married, he told her he wanted to refinance the home and have his ex-wife removed (which we find out later had already been done) have my friend put on the home and refinance to get cheaper payments. A Deed of Trust, but no Deed were issued in both their names when they refinanced. Now they are getting a divorce and he is telling her that even though she is on the Deed of Trust, she has no ownership in the home. She has talked with three different divorce attorneys who tell her that this is possible. How could this be. My understanding was a Deed of Trust was held by a Trustee until the note is paid in full, at which time the Trustee releases the home to the borrowers, which she is.

Answer 1

It might help to look at it this way:

In most states, and on the most basic level, a deed of trust acts more like a mortgage rather than a typical/traditional "trust."

Again it depends on the state but, typically, a deed of trust does NOT act as a title transfer.

So, despite the fact that her name is on the deed of trust, the deed of trust doesnt act as a transfer of title, and, unfortunately, your friend likely has no ownership rights in the home.

I hope this helps!