Posted on: 16th Dec, 2009 05:42 am
current conditions:
property is in texas and i have a homestead exemption.
name of owners on warranty deed: myself and ex-spouse.
property was granted to me in divorce decree.
ex-spouse signed quit claim deed and i recorded it.
i have remarried. current spouse is over 65.
what i want to do:
i wish to change ownership from myself to myself and current spouse to make the property community property and claim the over 65 tax exemption.
i wish to include some text that makes the surviving spouse the sole owner should one of us die.
i’ve been told to use a quit claim deed to do this. but i don’t free a quit claim deed is the proper tool.
how is this accomplished with a special warranty deed in texas?
property is in texas and i have a homestead exemption.
name of owners on warranty deed: myself and ex-spouse.
property was granted to me in divorce decree.
ex-spouse signed quit claim deed and i recorded it.
i have remarried. current spouse is over 65.
what i want to do:
i wish to change ownership from myself to myself and current spouse to make the property community property and claim the over 65 tax exemption.
i wish to include some text that makes the surviving spouse the sole owner should one of us die.
i’ve been told to use a quit claim deed to do this. but i don’t free a quit claim deed is the proper tool.
how is this accomplished with a special warranty deed in texas?
Hi xannbrown,
You can use a quit claim deed to add your spouse's name on the property deed. A joint tenancy with right to survivorship will help your surviving spouse to be the sole owner of the property upon your death. You can contact a real estate attorney and he will help you in drafting the deed.
You can use a quit claim deed to add your spouse's name on the property deed. A joint tenancy with right to survivorship will help your surviving spouse to be the sole owner of the property upon your death. You can contact a real estate attorney and he will help you in drafting the deed.
A Quit Claim Deed is not the proper vehicle for this problem. Use a Special Warranty Deed in Texas. A notice as described in Sec. 4.205 (b). Texas Family Code must be included. And the added spouse must acknowledge.
The Texas Family Code governs community property in Texas.
The mere transfer of a spouse's separate property to the name of the other spouse or to the name of both spouses is not sufficient to convert the property to community property.
The general form being:
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The Texas Family Code governs community property in Texas.
The mere transfer of a spouse's separate property to the name of the other spouse or to the name of both spouses is not sufficient to convert the property to community property.
The general form being:
[System detected duplicate content, converted into image. Thanks.]