Texas law regarding warranty deed

jft1324 · Joined: 04 Apr 2008 Posts: 3 2.79 Dollars($)

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

larry · Joined: 27 Jun 2007 Posts: 2598 349.41 Dollars($)

Hi,

Welcome to the forum.

He can add his wife on the deed but cannot use a warranty deed 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

Caron · Posted: Mon Apr 07, 2008 6:13 am Post subject: RE: texas warranty deed issues

Hi Jft,

jheard · Posted: Mon Apr 07, 2008 7:24 am 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.

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