Posted on: 26th Mar, 2009 06:07 pm
i am divorcing my wife. she has a lien place on our property. i am in texas, the property was bought by me when we were married and the lien was placed on the house for a civil judgment against her only.
should she sign a quit claim deed or a special warranty deed to me and by doing so will i be not liable for the lien place on my/our property...by the way i was awarded the house in the divorce settlement.
should she sign a quit claim deed or a special warranty deed to me and by doing so will i be not liable for the lien place on my/our property...by the way i was awarded the house in the divorce settlement.
It is best to just sign a special warranty deed. The only thing different between a quick claim deed and a special warranty deed is the name. The both serve the same purpose.
It is just quick claim deeds are not highly honored in the state of Texas in some cases. On down the line, it may present a cloudy title for you if you wish to sell the property.
Meaning, the word "warranty" is when the grantor is gauranting to the grantee that he promises he is the sole and right owner of the property that is being conveyed.
Quick claim deed, is just that. It doesn't carry any weight and in some cases are not highly respected in sticky situations. So, If I were you I would go with the special warranty deed.
It is just quick claim deeds are not highly honored in the state of Texas in some cases. On down the line, it may present a cloudy title for you if you wish to sell the property.
Meaning, the word "warranty" is when the grantor is gauranting to the grantee that he promises he is the sole and right owner of the property that is being conveyed.
Quick claim deed, is just that. It doesn't carry any weight and in some cases are not highly respected in sticky situations. So, If I were you I would go with the special warranty deed.
Hi Divorcee,
If she signs a quitclaim deed she will not only be transferring her property-interest but the lien against the property as well. You will then have to pay the off lien. However, a warranty deed does guaratee that there is no cloud over the title and no lien or encumbrances on the property. Thus i don't think it would be possible for her to sign over the title to you without paying off the lien on the property.
If she signs a quitclaim deed she will not only be transferring her property-interest but the lien against the property as well. You will then have to pay the off lien. However, a warranty deed does guaratee that there is no cloud over the title and no lien or encumbrances on the property. Thus i don't think it would be possible for her to sign over the title to you without paying off the lien on the property.
If the lien was place on her then the lien will follow her. But, if the lien was place on the house then the lien will follow the house. Did the lien filed of recored reference a legal descrtiption of the property location? If so it is very well in deed attahed to the house.
If it was only attached to her, the lien would describe her name and possibly her SS# (which should have been striked through with the new laws in effect) But some liens are still filed with SS#'s.
It is still a sticky situation and may present a cloudy title because of the lien existing.
You can check "www.texaslandrecords.com" and see if your county is listed. Run a name search to see what liens are out there. You can also purchase a copy of the lien for $1.00 per page.
[External link deactivated as per forum rules.]
If it was only attached to her, the lien would describe her name and possibly her SS# (which should have been striked through with the new laws in effect) But some liens are still filed with SS#'s.
It is still a sticky situation and may present a cloudy title because of the lien existing.
You can check "www.texaslandrecords.com" and see if your county is listed. Run a name search to see what liens are out there. You can also purchase a copy of the lien for $1.00 per page.
[External link deactivated as per forum rules.]
Tawana,
I love your webpage- but it seems as if it is down????......Is it truely on a "scheduled maintenance", and if so when is it coming back up?-or is the web page being shut down?.....HELP!!!
-Lost one!
I love your webpage- but it seems as if it is down????......Is it truely on a "scheduled maintenance", and if so when is it coming back up?-or is the web page being shut down?.....HELP!!!
-Lost one!