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Posted: Fri Jan 08, 2010 12:18 pm Post subject: Warranty Deed

My brother and sister-in-law bought a house from me in '85. My brother drew up a Contract of Deed, which was recorded. COD shows both their names and once the property is paid in full, I will release it. My brother died, I'm not getting along with his family, because my sister-in-law wants to have the title show her name only. She presented me with a General Warranty Dead, that her lawyer drew up, but there was not mention of the loan. Since the mortagage is in my name only, what form should she use to remove my brother's name from the Cont. of Deed? I told her Texas is a community property tax, so she's cover. But she keeps pressuring me to sign the General WD. I even mention she should do an affidavit of heirship, but she tells me I MUST sign this form. My gut tells me she's not looking out for my interest. I need to know what to do.

jameshogg · Posted: Fri Jan 08, 2010 8:16 pm Post subject:

Hi Guest,

You've mentioned that the property is in the name of your brother and sister-in-law. After your brother's death, your sister-in-law will have to file an affidavit of heirship and transfer the property in her name. Thus, she will become the sole owner of the property. If your name is on the property deed, then you will be considered as one of the owners of the property. You have mentioned that the mortgage is in your name. In that case, I guess your name is also mentioned in the property deed. If your sister-in-law wants the property solely in her name, then she should also refinance the mortgage. This will make her responsible for the mortgage and the property.

Thanks

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Warranty Deed