Texas Warranty Deed - How it differs from other states

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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.


Last updated on January 26, 2013

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Is photocopy of warranty deed a legal instrument to transfer ownership in Texas

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Where can I get a free Texas Warranty Deed pdf. to copy?

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Mini Profile  jft1324




Joined: 04 Apr 2008
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Post     Post subject: Texas Warranty Deed – How it differs from other states

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
Mini Profile  larry




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Hi,

Welcome to the forum.

He can add his wife to the title of the property but cannot use the deed you've mentioned as the property is still mortgaged. He should use a quitclaim deed to add his wife on the deed.

He should also inform the lender before quitclaiming the property to his wife.

Feel free to ask if you have any further questions.

Best of luck,
Larry
Mini Profile  Caron

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Post     Post subject: RE: texas warranty deed issues

Hi Jft,

Quote:
Is it legal in Texas to grant your wife 1/2 of a home when you don't actually own it yet?


Why do you say that the relative doesn't own the home? He has filed the deed, isn't it? May be it's now that he feels he should adds his wife to the deed and that's the reason he is doing so. But his wife isn't on the loan as the deed doesn't transfer a loan.

I hope the deed has been checked through by the title company, so even if there name isn't mentioned, it won't create a problem.

Just in case you feel I haven't understood your question, please clarify it once again so that I can give you the right suggestion.

Good luck

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Mini Profile  jheard

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Post     Post subject:

He does own the home. A mortgage is a security interest in a property. The lender does not own the home. Thus, the owner can give a 1/2 property interest to his wife.

A warranty deed can be used on a mortgaged property, as long as the mortgage is listed in the deed.

Since Texas is a community property state, the wife will own 1/2 of the property equity that is gained during the marriage. It sounds like the lender is trying to cover all bases by making sure the wife is on the title.
frustrated


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Post     Post subject: Property/from deceased relative

How can we get legal documents for property, we know it belongs to us, but we can't find a deed in our deceased name. What steps should we follow, our deceased Aunt- paid all taxes on such said property for over 70 yrs.
Mini Profile  larry




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Post     Post subject:

Hi Guest.

You should go for a title search or inquire this in the county recorder's office to find out who is on the title. Also contact with an attorney.
jackrussel


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Post     Post subject: Real Property

My ex husban has taken possession of my home awarded in the divorce. We were civil up until 6 mos ago. Now he calls it his home. What do I need to do to gain my property back.
jackrussel


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Post     Post subject: real property

I filed in the county court but he apparently changed it. Can I re claim by filing in the county court office and change back in the tax office
Mini Profile  smithsussane

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Post     Post subject:

Hi jackrussel!

Welcome to forums!

You must be having a legal document stating that the house has been awarded to you. You can consult an attorney and show him the document. He/she will tell you where you need to file a case against this.

Feel free to ask if you have further questions.

Sussane.
DAC


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Post     Post subject: Texas Warranty Deed

Paid off mortgage on a home and purchased from my daughter. If I have a Texas Warranty Deed, can I file this myself at the county clerk's office?
Mini Profile  smithsussane

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Hi DAC!

Welcome to Forums!

It will be better if you could take the help of an attorney and not file it yourself.

Feel free to ask if you have further queries.

Sussane
Barbara


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Post     Post subject: Property after death

We have been married ten years, my husband bought our home and his name is the only name on the title, but his will leaves the home to me if he should pass away. How hard is it to tranfer the deed to my name.

Thank you.
barb


Guest




Post     Post subject: Property after death that is clear of a mortgage

Moved to Texas, husband bought home, no mortgage, married 10 years, the will leaves everything to the wife. How hard is it to transfer the deed to the wife's name after death?
Mini Profile  jerry

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Post     Post subject:

Hi barb!

If there is a will which leaves everything in the name of the wife, then there will be no issues in transferring the property. However as there is a will, there will be a probate which may take some time.

Thanks,

Jerry
janelee


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Post     Post subject:

I need to file a general warranty deed in houston, texas. I don't know where to go. Can anybody help me.
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