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
Welcome anonymoustexas,
Your name is not on the property deed. You can ask your husband to sign a quit claim deed and add your name to the property deed. This will make you one of the owners of the property and you will have claims over it.
Your name is not on the property deed. You can ask your husband to sign a quit claim deed and add your name to the property deed. This will make you one of the owners of the property and you will have claims over it.
I live in texas and I signed a land trust agreement and my deed to this trustee, but i want to terminated their services, they have filed with the county my deed how do i terminate their services and remove the deed from my property?
Hi ylewis!
Welcome to forums!
A query similar to yours has been replied to in the given page:
http://www.mortgagefit.com/texas/terminate-agreement.html
Take a look at it. Hope it helps you.
Sussane
Welcome to forums!
A query similar to yours has been replied to in the given page:
http://www.mortgagefit.com/texas/terminate-agreement.html
Take a look at it. Hope it helps you.
Sussane
I just discovered that my ex-wife may have placed my 14 year old daughter's name on a mortgage and used her social security number as part of the credit application. What can I do about this? What are the consequences re: my ex wife?
Welcome JoJo,
As far as I know, if a person is not 18 years old, then that person won't be able to get a mortgage. You can contact your lender and check out if there would be any actions taken against your ex-wife.
As far as I know, if a person is not 18 years old, then that person won't be able to get a mortgage. You can contact your lender and check out if there would be any actions taken against your ex-wife.
Hello,
I've been living with my mom and paying the mortgage for her. The house was finally paid off in January.
My mom would like to transfer the title deed to my name. Should I do a warranty deed form or a quit-claim form?
Should this be done as a "gift" on my taxes?
Does she have to pay any form of taxes for this type of transfer?
I've been living with my mom and paying the mortgage for her. The house was finally paid off in January.
My mom would like to transfer the title deed to my name. Should I do a warranty deed form or a quit-claim form?
Should this be done as a "gift" on my taxes?
Does she have to pay any form of taxes for this type of transfer?
one more follow-up question to post above....
How easy is this process to do? Would you advise that a lawyer is necessary?
How easy is this process to do? Would you advise that a lawyer is necessary?
Hi vu!
Welcome to forums!
As the property is free and clear, your mother can use a warranty deed in order to transfer the property in your name. Your mother can transfer the property as a gift to you. In that case, your mother will be responsible for paying the gift taxes. It is always better to take the help of an attorney while transferring property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As the property is free and clear, your mother can use a warranty deed in order to transfer the property in your name. Your mother can transfer the property as a gift to you. In that case, your mother will be responsible for paying the gift taxes. It is always better to take the help of an attorney while transferring property.
Feel free to ask if you've further queries.
Sussane
what are the taxes and steps needed to take on deeding a house over to a family member? and any other costs on doing this?
hi natalia,
you need to sign a quit claim deed in order to get the property transferred in your family member's name. after a property transfer, you will be charged the deed recording fees, transfer fees, stamp doc fees, etc. if it's a gift transfer, then you would be liable for gift tax as well.
thanks
you need to sign a quit claim deed in order to get the property transferred in your family member's name. after a property transfer, you will be charged the deed recording fees, transfer fees, stamp doc fees, etc. if it's a gift transfer, then you would be liable for gift tax as well.
thanks
In Texas must a general warranty deed be filed in court or can it be handed from grantor to grantee with a hand shake
where can i go to find the legal answer?
where can i go to find the legal answer?
Hi Guest,
The warranty deed needs to be filed at the office of the county recorder where the property is located. You can contact an attorney and get a legal answer in this regard.
Thanks
The warranty deed needs to be filed at the office of the county recorder where the property is located. You can contact an attorney and get a legal answer in this regard.
Thanks
I have a buyer for my home and he does not want to use a title company to handle the papers.How do I transfer ownership to him?There is a lein on the home as well.
Hi werty,
You will have to use a quit claim deed in order to transfer the property to you. As there is a lien on the property, a quit claim deed will be a better option to get the property transferred. You can take the help of a lawyer in order to draft the quit claim deed.
Thanks
You will have to use a quit claim deed in order to transfer the property to you. As there is a lien on the property, a quit claim deed will be a better option to get the property transferred. You can take the help of a lawyer in order to draft the quit claim deed.
Thanks
Greeting,
My question is what happens to Texas property with a WARRANTY DEED that has been Granted, Sold and Conveyed to an unincorporated church body, which later disbands.
Who now owns the land?
Heir of Grantor :?
My question is what happens to Texas property with a WARRANTY DEED that has been Granted, Sold and Conveyed to an unincorporated church body, which later disbands.
Who now owns the land?
Heir of Grantor :?