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 magda,
If the signatures on the warranty deed has been forged, then the grantor can definitely challenge the validity of the deed. He can file a lawsuit against the grantee and may get the deed reversed.
Thanks
If the signatures on the warranty deed has been forged, then the grantor can definitely challenge the validity of the deed. He can file a lawsuit against the grantee and may get the deed reversed.
Thanks
is there a way i can deed my house (his name is also on the deed) to my ex-husband so that i can be done w/it once and for all? we divorced in 2007 and he "attempted" to sell it for almost 3 years (he refused to lower the price & i didn't push him). he finally decided to refinance it in his own name but discovered it had to be off the market for 6 months in order to refinance for both the mortgage & home equity loan. the 6 months passed & he finally submitted his loan paperwork and was then laid off of his job. he told the finance company & they withdrew his paperwork. he's been out of a job for almost a year now and i just want to be done with this. i'm getting remarried in december & don't want this hanging over my head any longer than necessary. any advice would be greatly appreciated. and for the record, i'm not asking for anything out of the house, it's all his free & clear, so i just want out.
thank you!!
thank you!!
If you're not on the mortgage docs, then you can sign a quitclaim deed and transfer the property to your ex-husband. Thus, you would not remain an owner of the property any more. However, if your name is on the mortgage docs, then though you sign a quitclaim deed, you would still be responsible for the mortgage.
I moved to TX from CA. In CA my husband was deported and we are not divorced. I have purchased a house, financed under my name only. Would he have any rights to the house if I file for divorce?
Hi Aloha,
If the property has not been purchased by using the community funds, then I don't think he would be able to claim any rights to that property. However, I would suggest you to have a word with your attorney and check out if your husband needs to sign an inter-spousal transfer deed in this regard.
Thanks
If the property has not been purchased by using the community funds, then I don't think he would be able to claim any rights to that property. However, I would suggest you to have a word with your attorney and check out if your husband needs to sign an inter-spousal transfer deed in this regard.
Thanks
TX- This is a first time for us so I need your expert advice. My husband and I bought some property, from a friend, that has no home or utilities just some property out in the country. Which form(s) would you recommend I use for the sale? Would really appreciate your assistance in this matter.
You can do a warranty deed and buy the property
Hi Guest!
Welcome to forums!
You can use a quitclaim deed to transfer the property to the new borrower. The deed will mention the amount for which the property has been sold off.
Sussane
Welcome to forums!
You can use a quitclaim deed to transfer the property to the new borrower. The deed will mention the amount for which the property has been sold off.
Sussane
Used in 2000, never filed, . The person I made this contract with paid on it for 9 years and hasn't paid any in two years. I can't find him. Can I just rip the contract and take my house back for resale?
Hi Linda,
As the buyer has not paid to you for the last 2 years, you may consider the deed null and void. However, before listing the property in the market, you should consult an attorney and take his opinion in this case.
Thanks
As the buyer has not paid to you for the last 2 years, you may consider the deed null and void. However, before listing the property in the market, you should consult an attorney and take his opinion in this case.
Thanks
single owner trandfered to LLC
Hi richardaustin,
Contact an attorney and he would help you in drafting a warranty deed to transfer property into a LLC.
Contact an attorney and he would help you in drafting a warranty deed to transfer property into a LLC.
my father is dying of cancer and asked me to check on the best way to handle his property. my mother is also deceased. he does not have a will. would it be easier for him to do a warranty deed transferring the property to me while he is still living. or could we use a quit claim deed with a retaining a life estate clause. i heard quit claim deeds were useless in texas. or if he hand writes a will leaving me the house, what would i need to do after his death to transfer it over to my name.
Easy option is to have a will. That can not only cover the property, but also other items
I have been given the warrenty deed to a piece of property (75'X100') around Brownwood Texas by my neighbor. How do I get it transferred to me? Is lawyer involvement required?
Thanks for the help.
Thanks for the help.