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
I wish to put my half intrest of our property in my wifes name, there is a morgage to the bank, what form do I need to use, Anderson co, Texas
You will have to use a quit claim deed in order to add your wife's name to the property deed. As there is a mortgage on the property, you will have to inform the lender about change of ownership. There are chances that he may ask you to refinance the loan.
My husband and I have been living in our house since 2004, but it is under my mother's name, what can we do to transfer the house into our name?
i bought a home with block of land. done major remodeling and we were living together in home. i transferred deed to her mothers name and now she wants to kick me out of my house. i'm still married and my wife didn't sign any of her ownership over. what do i do?
Hi Guest,
You'll have to ask your mother to sign a quit claim deed and transfer the property to both of you. Then you'll have to notarize and record the deed.
Hi holcombe_brothers,
Your query has been answered in the given page:
http://www.mortgagefit.com/propertytransfer/claimhouse-wife.html#142774
Please take a look at it. I hope it'll help you.
You'll have to ask your mother to sign a quit claim deed and transfer the property to both of you. Then you'll have to notarize and record the deed.
Hi holcombe_brothers,
Your query has been answered in the given page:
http://www.mortgagefit.com/propertytransfer/claimhouse-wife.html#142774
Please take a look at it. I hope it'll help you.
When we purchased our property we had two sections listed on the one deed (title). We are currently trying to get a loan using one piece of this property as collateral. What do we need to do to get this piece separated? Our home/homestead is on the other listed property and we do not want this property even listed in the loan application.
Hi Guest!
Welcome to forums!
As far as I can understand your query, you'll have to get the piece separated from the property on which you are planning to take a mortgage. Once you separate the property, you should then apply for a mortgage.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As far as I can understand your query, you'll have to get the piece separated from the property on which you are planning to take a mortgage. Once you separate the property, you should then apply for a mortgage.
Feel free to ask if you've further queries.
Sussane
I have the where abouts of the family property but I live in Cali. How do I go by getting Information on the property in Bexar District,in Brewster
Hi Diana,
You need to contact the county recorder's office where the property is located and get the details. You may even engage a title search company who may help you know about your property.
You need to contact the county recorder's office where the property is located and get the details. You may even engage a title search company who may help you know about your property.
I would like to know how to properly word My name as grantor in a warranty deed if I have power of attorney for my mother
Hi isabells,
As you are planning to fill out a legal document (i.e. the warranty deed), it's better to consult a real estate attorney in this regard. He will help you in filling out the deed.
Thanks
As you are planning to fill out a legal document (i.e. the warranty deed), it's better to consult a real estate attorney in this regard. He will help you in filling out the deed.
Thanks
We recently purchased a property in Texas with a mortgage. Despite our request to have the property in joint names, the deed is only in my name (husband).
The warrenty deed with vendor lien names me as grantee and shows me as "a married person". My wife is not named anywhere on the deed
How can we get my wife's name on the deed?
Is this something that should be rectified?
If we were to leave it as is, would she need to refinance if I should die.
The warrenty deed with vendor lien names me as grantee and shows me as "a married person". My wife is not named anywhere on the deed
How can we get my wife's name on the deed?
Is this something that should be rectified?
If we were to leave it as is, would she need to refinance if I should die.
Hi Guest,
If you live in a community property state, your wif name does not have to be on the property deed. She will be able to refinance the property in her name. However if it is not a community property state, it is better to add her name to the title. You can use a quit claim deed and add her to the property title to make sure she has a legal ownership to the property.
If you live in a community property state, your wif name does not have to be on the property deed. She will be able to refinance the property in her name. However if it is not a community property state, it is better to add her name to the title. You can use a quit claim deed and add her to the property title to make sure she has a legal ownership to the property.
I'm aware of my stupidity to start with :-)
I purchased a home with my fiance at the time. We broke up. He convinced me to sell my interest in the home for $10 as filed with a general warranty deed, but I'm still on the mortgage. How can I get out? He won't refinance.
I purchased a home with my fiance at the time. We broke up. He convinced me to sell my interest in the home for $10 as filed with a general warranty deed, but I'm still on the mortgage. How can I get out? He won't refinance.
Hi sillyaggie,
Your fiance needs to refinance the loan or assume the mortgage in order to remove you from the liability of paying off the loan. If he doesn't do so, you won't be able to remove your name from the mortgage.
Thanks
Your fiance needs to refinance the loan or assume the mortgage in order to remove you from the liability of paying off the loan. If he doesn't do so, you won't be able to remove your name from the mortgage.
Thanks