Posted on: 04th Apr, 2008 12:06pm
If you're in Texas and looking to transfer whole or part of your property to another individual, you may use a Texas Warranty Deed. Such a deed is widely used to change names on title especially during buying/selling transactions.
Both General and Special Warranty deeds are approved by the state of Texas. The grantor (one who transfers property) is legally bound by certain covenants or warranties. But unlike all other states, in Texas, the grantor is not obligated to include the warranties on the deed. However, the warranties should be expressed by words in the deed as specified in the state laws. Some of these words are - "convey and warrant", "grant", "bargain", "sell" and "warranty generally".
It may happen that you have a mortgage on your property. Now, Texas being a Community Property state, if you get married after buying the property, your spouse will own half of the property equity gained during the marriage. And, in order to transfer half of your property equity, you can use a warranty deed as long as the mortgage is listed on the deed.
Both General and Special Warranty deeds are approved by the state of Texas. The grantor (one who transfers property) is legally bound by certain covenants or warranties. But unlike all other states, in Texas, the grantor is not obligated to include the warranties on the deed. However, the warranties should be expressed by words in the deed as specified in the state laws. Some of these words are - "convey and warrant", "grant", "bargain", "sell" and "warranty generally".
It may happen that you have a mortgage on your property. Now, Texas being a Community Property state, if you get married after buying the property, your spouse will own half of the property equity gained during the marriage. And, in order to transfer half of your property equity, you can use a warranty deed as long as the mortgage is listed on the deed.
Hi all,
A relative bought a home as a single man six months before getting married because he did not want to put his new wife's name on the mortgage, title, or deed. Now six months after they are married, a "Warranty Deed" (title on the top of the document) has been filed with the county stating that a 1/2 undivided interest has been granted to her. There is an outstanding mortgage on the home. Is it legal in Texas to grant your wife 1/2 of a home when you don't actually own it yet? The recorded deed prior to this one stated"General warranty deed-vendor lien". Also, the new deed filed is stamped on the last page: Returned at counter to: "an attorney's name in care of my relative's home address". The title company or mortgage company are never mentioned. I want to make sure he hasn't done something that will get him in trouble later. Thanks for your input. Concerned relative
A relative bought a home as a single man six months before getting married because he did not want to put his new wife's name on the mortgage, title, or deed. Now six months after they are married, a "Warranty Deed" (title on the top of the document) has been filed with the county stating that a 1/2 undivided interest has been granted to her. There is an outstanding mortgage on the home. Is it legal in Texas to grant your wife 1/2 of a home when you don't actually own it yet? The recorded deed prior to this one stated"General warranty deed-vendor lien". Also, the new deed filed is stamped on the last page: Returned at counter to: "an attorney's name in care of my relative's home address". The title company or mortgage company are never mentioned. I want to make sure he hasn't done something that will get him in trouble later. Thanks for your input. Concerned relative
Hi Joni,
You need to file an affidavit of heirship at the county recorder's office and transfer the property in your name. Also, you would require to submit your mother's death certificate at the county recorder's office.
You need to file an affidavit of heirship at the county recorder's office and transfer the property in your name. Also, you would require to submit your mother's death certificate at the county recorder's office.
my family has land and the taxes has not been paid. but my mothe is the only child left and she never recieved any kind of paper work regaurding how much she needed to pay on her the taxes. now the i'm being told that the port of my city has paid the taxes. what can we do to get our land back?
Hi vashtigore!
Welcome to forums!
You have mentioned that the port has paid off the taxes. In that case, I think the port is the present owner of the property. As far as I can understand, if you want to get back the property, you will have to purchase it from the port.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You have mentioned that the port has paid off the taxes. In that case, I think the port is the present owner of the property. As far as I can understand, if you want to get back the property, you will have to purchase it from the port.
Feel free to ask if you've further queries.
Sussane
my grandparents died many years ago with no will. their daughter, my aunt has paid the property tax for over 40 years, she recently passed with no will. the property remains in my grandfather's name. how can one of the three surviving siblings get a deed for the property?
Hi Guest,
The 3 siblings will have to file an affidavit of heirship and transfer the property in their names. Once you do so, you can ask your other two siblings to transfer their portion of the property to you with the help of a quitclaim deed.
Thanks
The 3 siblings will have to file an affidavit of heirship and transfer the property in their names. Once you do so, you can ask your other two siblings to transfer their portion of the property to you with the help of a quitclaim deed.
Thanks
I inherited property and house from former mother in law. My wife wants to be added to deed in case I die before her, & so that she can sell it, if it gets to where she can no longer afford it.I had heart surgery last year.
Hi Larry,
You can add your wife to the property deed with the help of a quitclaim deed. Contact an attorney and get the deed drafted from him. You can even check out the sample quitclaim deed forms available online. This can also help you in adding your wife's name to the property.
Thanks
You can add your wife to the property deed with the help of a quitclaim deed. Contact an attorney and get the deed drafted from him. You can even check out the sample quitclaim deed forms available online. This can also help you in adding your wife's name to the property.
Thanks
Hello, I live in Virginia and my mother (74 years old) lives in Dallas Tx. She has a mortgage on her home which is about $43K. The home appraises around $78K on Zillow. She lives on $800 a month social security. Due to the current loan she is in, either I would need to purchase the home from her or see if we could get a reverse mortgage. Which is best? I would like to purchase the home from her but I will not be moving to Dallas right away. What is the best way to handle this?
if you are trying to get the property on yoru name, you can always ask you mother to do a quit claim deed and add your name to the property and you cna still coninue to make payments on the loan
make sure to notorize it and record it int he county office
make sure to notorize it and record it int he county office
No I am trying to purchase the home or make it where the loan stays affordable. She is not able to continue to make the loan payments with the loan % increasing.
first you need to think that what are you going to do with home. Purchasing is no doubt a good idea as it has Equity of $35K.
Otherwise your mother can take reverse mortgage loan. in future you can start paying it off.
you need to check whic one is better for you. if you want some more time to decide, reverse mortgage will be a better option
Otherwise your mother can take reverse mortgage loan. in future you can start paying it off.
you need to check whic one is better for you. if you want some more time to decide, reverse mortgage will be a better option
my business partner got seriously behind on his house payments and decided to walk before the mortgage co. evicted him. he also filed a chapter 7 bankruptcy recently. he has relocated to an apartment and isn't sure what to do with the house keys, notification to the mtge co., etc. any thoughts?
My business partner got seriously behind on his house payments and decided to walk before the mortgage co. evicted him. He also filed a chapter 7 bankruptcy recently. He has relocated to an apartment and isn't sure what to do with the house keys, notification to the mtge co., etc. Any thoughts?
My business partner got seriously behind on his house payments and decided to walk before the mortgage co. evicted him. He also filed a chapter 7 bankruptcy recently. He has relocated to an apartment and isn't sure what to do with the house keys, notification to the mtge co., etc. Any thoughts?
What about if a deed is filed and the signature does from the grantor has been forged? And it was notarized by a Texas Notary, what can the grantor do? Can he challange the deed validity?