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 Russell!
Welcome to forums!
As the neighbor has signed a warranty deed in your favor, you do not need anything else to transfer the property in your name. It is already transferred in your name. You will have to notarize and record the deed at the county recorder's office. This will make the deed valid.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As the neighbor has signed a warranty deed in your favor, you do not need anything else to transfer the property in your name. It is already transferred in your name. You will have to notarize and record the deed at the county recorder's office. This will make the deed valid.
Feel free to ask if you've further queries.
Sussane
Hello,
My wife and I are getting a divorce and she is going to transfer her ownership in the house to me. We have a mortgage on the property with Wells Fargo. Do I need to use a Warranty Deed or a Quitclaim Deed in this instance? How should the mortgage holder be listed on whatever document is correct in this instance? We are not modifying or refinancing the mortgage at this time.
Thanks!
My wife and I are getting a divorce and she is going to transfer her ownership in the house to me. We have a mortgage on the property with Wells Fargo. Do I need to use a Warranty Deed or a Quitclaim Deed in this instance? How should the mortgage holder be listed on whatever document is correct in this instance? We are not modifying or refinancing the mortgage at this time.
Thanks!
hi r_kain!
welcome to forums!
in order to transfer the property to you, your wife will have to sign a quitclaim deed. your name would be listed as grantee of the property in the quitclaim deed. if the mortgage is in your name alone, then you do need to refinance the loan. but if your wife's name is on the mortgage doc, then you need to refinance it in order to remove her from the liability of paying the mortgage.
feel free to ask if you've further queries.
sussane
welcome to forums!
in order to transfer the property to you, your wife will have to sign a quitclaim deed. your name would be listed as grantee of the property in the quitclaim deed. if the mortgage is in your name alone, then you do need to refinance the loan. but if your wife's name is on the mortgage doc, then you need to refinance it in order to remove her from the liability of paying the mortgage.
feel free to ask if you've further queries.
sussane
can you go to any court house in harris county
Hi carmen,
You will have to record the deed at the county recorder's office where the property is located.
You will have to record the deed at the county recorder's office where the property is located.
Can the warranty deed just be mailed to the County Clerk's office? Is the filing fee made payable to the County Clerk?
I don't think you'll be able to mail the deed to the county clerk's office. You will have to personally record the deed at the county recorder's office.
HOW CAN I FIND DEED PROPETY IN SAN ANTONIO TX
Hi Maria,
Your question is not clear to me. If you've lost the property deed, then you'll have to contact the county recorder's office and get hold of the duplicate property deed.
Your question is not clear to me. If you've lost the property deed, then you'll have to contact the county recorder's office and get hold of the duplicate property deed.
My husband I purchased a home in August and paid cash. We just received our title policy and our general warranty deed. Do we need a deed or title that shows we own the home or does the warranty deed do that? If yes, should we go back to the title co?
Welcome htx,
Your general warranty deed will mention the fact that you're the owners of the property. However, you'll have to notarize and record the deed at the county recorder's office.
Your general warranty deed will mention the fact that you're the owners of the property. However, you'll have to notarize and record the deed at the county recorder's office.
My husband passed away ,only his name on house in texas how do I get house in my name. The house was left to him by his mom. Husband was very ill with cancer & we never added my name as we were to busy with his treatmants what do I do? thanks
Hi mamatgon!
Welcome to forums!
You will have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You will have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name.
Feel free to ask if you've further queries.
Sussane
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.
been told to use a quit claim deed to do this. but i 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.
been told to use a quit claim deed to do this. but i free a quit claim deed is the proper tool.
how is this accomplished with a special warranty deed in texas?
Welcome xann,
Your query has been answered in the given page:
http://www.mortgagefit.com/propertytransfer/about32099.html
Please take a look at it. I hope it will help you.
Your query has been answered in the given page:
http://www.mortgagefit.com/propertytransfer/about32099.html
Please take a look at it. I hope it will help you.