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
long story short, my mother has owned and lived in her house for almost 8.5 years. she has been married to my step-dad for almost 2 years. he also owns his own house still and it's already paid for. yesterday he beat my mom for the first time. when the police arrived they said they could not kick him out of her house because it is half his. what is she to do?? that's her house!! he has his own!! she also wants to refinance the house to lower her monthly payments. should she wait until the divorce is final? also, my husband and i, along with my toddler and soon to be newborn live in one of my mom's rental properties. i have lived here for over 4 years and have a "rent to own" agreement with my mom. if what the cop said is true and my step-dad owns half of everything, then will my own little family lose our house if my mom and step-dad get a divorce? could he get my house, leaving me homeless?? please help! thanks.
Is a deed that names only the address rather than the legal description valid in the state of texas
Hi
If the deed is notarized and the address of the property is given it should be considered valid. The address, I believe, should be enough to refer to the property.
If the deed is notarized and the address of the property is given it should be considered valid. The address, I believe, should be enough to refer to the property.
What a great site!!! We married, then bought house ... impending divorce and he's to keep house. For no renumeration, I want my name off title. I've heard of Warranty Deed of Assumpsit. What the heck is it, and is this the way to go? Can I just download form and record myself? What do I look for?
Hi everyone!
My boss made a request that i find companies that warranty work. In other words...Our company will do the work for a custmer, then another business comes and ensures that our work is good for whatever said amount of time, and that our work is sufficient and up to standards. Is there a name for this, or did my boss just invent this idea?
My boss made a request that i find companies that warranty work. In other words...Our company will do the work for a custmer, then another business comes and ensures that our work is good for whatever said amount of time, and that our work is sufficient and up to standards. Is there a name for this, or did my boss just invent this idea?
Hi !
Welcome to forums!
To K in TX,
Your query has been answered in the given link:
http://www.mortgagefit.com/propertytransfer/about21561.html#94414
Take a look at it. I hope it will help you.
To mk,
I don't think there is a name for such companies. I guess, you boss wants a company that could check the standard of work your company does.
Sussane
Welcome to forums!
To K in TX,
Your query has been answered in the given link:
http://www.mortgagefit.com/propertytransfer/about21561.html#94414
Take a look at it. I hope it will help you.
To mk,
I don't think there is a name for such companies. I guess, you boss wants a company that could check the standard of work your company does.
Sussane
I bought a home with my exwife in 2000 and I filed for bankrupty and she did not but the house is still showing in my name . can I fill out a warranty deed at my closing date on another home I am buying to ensure that I get funded on the house and my name is taken off the other.
Hi bigblue,
Have you reaffirmed the debts when your bankruptcy was discharged? If you have reaffirmed the debts, then you are personally liable for paying the dues. If you haven't then, you will still have to make payments otherwise the lender may foreclose the property. Just transferring the property to your ex-wife will not release you from the liability of paying the debts.
Thanks
Have you reaffirmed the debts when your bankruptcy was discharged? If you have reaffirmed the debts, then you are personally liable for paying the dues. If you haven't then, you will still have to make payments otherwise the lender may foreclose the property. Just transferring the property to your ex-wife will not release you from the liability of paying the debts.
Thanks
I am a soon to be divorced person living in Texas, have signed the deed of trust but I am not on the note. Do I have to sign the deed of trust when the house sells?
My father-in-law died without a will, but before his death he transferred the house to his wife via a Warranty Deed. Is this Deed valid to transfer title to a buyer when selling the property?
The house was bought together as a married couple.
The house was bought together as a married couple.
Hi Cindy,
The warranty deed will always be considered a valid document to transfer the property provided it has been notarized and recorded in the county recorder's office.
Thanks
The warranty deed will always be considered a valid document to transfer the property provided it has been notarized and recorded in the county recorder's office.
Thanks
how do you remove a persons name off your deed?the other party is not willing to sign
Posted: Sat Dec 20, 2008 7:05 am Post subject: Can a divorce decree be used instead of a warranty deed
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Poster wrote:
"I am recently divorced and my ex husband's attorney did not have him sign the warranty deed included. Can the divorce decree be used to obtain clear title to the house (clearly stated in the decree)? I am trying to refinance and the title company has asked for the warranty deed and now the ex husband is refusing to sign one. :
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I am going through the same thing, if other party refuses to sign, can they now be held liable for the mortgage and taxes if take them to court?
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Poster wrote:
"I am recently divorced and my ex husband's attorney did not have him sign the warranty deed included. Can the divorce decree be used to obtain clear title to the house (clearly stated in the decree)? I am trying to refinance and the title company has asked for the warranty deed and now the ex husband is refusing to sign one. :
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I am going through the same thing, if other party refuses to sign, can they now be held liable for the mortgage and taxes if take them to court?
Hi Jena,
If the other party's name is still on the mortgage docs, then he/she can be made liable for the mortgage dues. The lender can sue both of you for the delinquent payments.
Thanks
If the other party's name is still on the mortgage docs, then he/she can be made liable for the mortgage dues. The lender can sue both of you for the delinquent payments.
Thanks