Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

Texas Warranty Deed - How it differs from other states

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.

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

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks Sussane!!! It's what I wanted to know!!!

Like | Dislike | Share | Posted: Tue, 08/24/2010 - 13:33

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am to pay my ex 200,000.00 upon sale of home that I own out right, she holds the lien. I am unable to sell, still living at the home, will they come and throw me out, please tell me what to expect!

Like | Dislike | Share | Posted: Thu, 03/04/2010 - 07:47 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome htx,

Your general warranty deed will mention the fact that you're the owners of the property. However, you'll have to notarize and record the deed at the county recorder's office.

Like | Dislike | Share | Posted: Wed, 11/25/2009 - 19:57

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

Like | Dislike | Share | Posted: Tue, 06/22/2010 - 10:08

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi RDM!

Welcome to forums!

As you have the power of attorney to sell off the land on your father's behalf, I don't think you would face much problem in selling it off. However, I would suggest you to contact a real estate attorney and take his opinion in this regard.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 09/09/2009 - 21:54

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest!

Welcome to forums!

You can use a quitclaim deed to transfer the property to the new borrower. The deed will mention the amount for which the property has been sold off.

Sussane

Like | Dislike | Share | Posted: Mon, 10/12/2009 - 22:26

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I don't think you should face problems in getting the property deed in your name. It may take some time to complete the the formalities to record the deed. May be that's the reason why the county clerk has asked you to check out in a couple of weeks.

Like | Dislike | Share | Posted: Sat, 09/12/2009 - 00:46

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome NB,

As there is a mortgage on the property, you won't be able to ask him to sign a warranty deed. You will have to ask him to sign a quit claim deed and transfer the property to you.

Like | Dislike | Share | Posted: Wed, 09/29/2010 - 22:50

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I was told of an alternative way of getting in to a house with no credit. Basically the buyer uses the credit of the seller. The Buyer basically takes over the payments of the existing note, pay the seller an agreed upon cash amount if any and then the seller transfers the deed into the buyers name. Later if/when possible, the buyers will try to get approved for a loan and pay of the existing note. Is this a possiblity?

Like | Dislike | Share | Posted: Wed, 11/10/2010 - 12:03 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Is a copy of a warranty deed filed with the county? If I cannot locate a warranty deed, is there any way to duplicate?

Like | Dislike | Share | Posted: Mon, 11/29/2010 - 08:30 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I moved to TX from CA. In CA my husband was deported and we are not divorced. I have purchased a house, financed under my name only. Would he have any rights to the house if I file for divorce?

Like | Dislike | Share | Posted: Sat, 10/10/2009 - 20:39 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Ahouse was willed to my wife, there was a warranty deed in her name, her nephew called and he said 25% of the house was his, is this true.

Like | Dislike | Share | Posted: Thu, 08/26/2010 - 18:06 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband I purchased a home in August and paid cash. We just received our title policy and our general warranty deed. Do we need a deed or title that shows we own the home or does the warranty deed do that? If yes, should we go back to the title co?

Like | Dislike | Share | Posted: Tue, 11/24/2009 - 23:45 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Current conditions:
Property is in Texas and I have a homestead exemption.
Name of owners on warranty deed: myself and ex-spouse.
Property was granted to me in divorce decree.
Ex-spouse signed [url=http://www.mortgagefit.com/quitclaim-deed.html]Quit Claim Deed[/url] and I recorded it.
I have remarried. Current spouse is over 65.

What I want to do:
I wish to change ownership from myself to myself and current spouse to make the property community property and claim the over 65 tax exemption.

I wish to include some text that makes the surviving spouse the sole owner should one of us die.

I’ve been told to use a Quit Claim Deed to do this. But I don’t free a Quit Claim Deed is the proper tool.

How is this accomplished with a Special Warranty Deed in Texas?

Like | Dislike | Share | Posted: Wed, 12/16/2009 - 05:35 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jan!

Welcome to forums!

A deed needs to be get recorded at the county recorder's office in order to make it valid. If you do not have a copy of the deed available with you, then you can contact the county recorder's office and get a dupplicate copy of the deed.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Mon, 11/29/2010 - 20:43

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

This is in TX by the way.

Like | Dislike | Share | Posted: Wed, 11/10/2010 - 12:06 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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 :?

Like | Dislike | Share | Posted: Wed, 07/07/2010 - 07:43 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

If the seller owns the property free and clear, then you can ask him or her to sign a warranty deed in order to transfer the property to you.

Like | Dislike | Share | Posted: Wed, 09/15/2010 - 21:58

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi bmba1ley,

You can ask your wife to sign a quit claim deed in your favor and transfer the property in your name. This will make you the sole owner of the property. Once your financial situation improves, you can refinance it and release your wife from the liability.

Thanks

Like | Dislike | Share | Posted: Sun, 03/14/2010 - 22:31

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

On the deed but not the mortgage. How do I get my name off the deed?

Like | Dislike | Share | Posted: Mon, 09/06/2010 - 08:14 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

In 1974 my mom , dad and I bought a house. I was over 18. The warranty deed says John smith andjohn smith's wife, and jane smith(not our real names. Dad died 1996, mom said no to probate, mom died 2011 no will either, I only have one sister who lives in a nursing home but never had anything to do with the house.I live in Texas but not in that house, do I own it or is this an estate thing? I am the only one who has paid on the taxes for 5 years.

Like | Dislike | Share | Posted: Thu, 01/20/2011 - 16:21 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

we are not married we are splitting, my name is on deed and title. am i responsible for mortgage.do i have any rights on property. thanks jackie

Like | Dislike | Share | Posted: Tue, 12/14/2010 - 16:30 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

OK....so the situation is my husband's 91 year old grandfather has willed my husband the house he lives in upon his death. Since the will was written he has fallen and is in ill health. It is looking like he may have to be moved to an assisted living center. The great uncle has advised us to make all the changes necessary before we move him. He said we need to buy the house and have the deed changed so the state can not come after the house. He said we can buy the house for $100, it doesn't matter, we just need to show the house was purchased. Is this true? How do we protect the property from being seized by the state for payment? Please help.

Like | Dislike | Share | Posted: Mon, 01/24/2011 - 19:45 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Linda,

As the buyer has not paid to you for the last 2 years, you may consider the deed null and void. However, before listing the property in the market, you should consult an attorney and take his opinion in this case.

Thanks

Like | Dislike | Share | Posted: Tue, 10/20/2009 - 21:57

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a clear title and deed to my property in Texas and I want to transfer to a relative, will a general deed and quit claim deed be surfice or will I need other documents as well? :)

Like | Dislike | Share | Posted: Mon, 03/22/2010 - 14:00 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I own 2 rental properties in Texas. I bought with a partner ...so I own 50%. He took out the mortgage and I am not on Title. We are not Married. What Form needs to be filled for LEGAL 50 % ownership? Thanks We live in California

Like | Dislike | Share | Posted: Sat, 09/25/2010 - 10:32 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Joni,

You need to file an affidavit of heirship at the county recorder's office and transfer the property in your name. Also, you would require to submit your mother's death certificate at the county recorder's office.

Like | Dislike | Share | Posted: Sun, 09/13/2009 - 22:35

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

MY MOTHER PASSED AWAY AND THE HOUSE IS UNDER HER NAME AND A LIVING FAMILY MEMBER. CAN WE CHANGE IT WITHOUT HAVING MY MOTHERS CHILDREN SIGN OVER OR CAN THE HOUSE NAME BE CHANGED WITH ONLY THE LIVING FAMILY MEMBER

Like | Dislike | Share | Posted: Mon, 04/19/2010 - 21:10

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have lived in this home since 1999 and the Deed is in my Mother's name. I have been paying the property taxes. My Mother passed away in 2003. How do I go about getting the deed in my name.

Like | Dislike | Share | Posted: Sun, 09/13/2009 - 08:58 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Elock,

You can sign a quit claim deed wherein your earlier married name will be mentioned as the grantor to the property. You will have to mention your newly married name and your husband's name as the grantee to the property. This will help you in transferring the property in your newly married name as well as your husband's name to the deed. As far as your name on the mortgage is concerned, you'll have to contact your lender and take his opinion.

Thanks

Like | Dislike | Share | Posted: Tue, 04/06/2010 - 22:46

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi lrg!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/about46145.html#190213

Take a look at it. Hope it helps you.

Sussane

Like | Dislike | Share | Posted: Thu, 11/04/2010 - 23:30

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi!

Welcome to forums!

To dfa,

You should immediately contact a real estate attorney and take his opinion in this matter. He will check the deed and let you know what steps you need to take in this matter.

To fs,

A ladybird deed from your husband's old grandfather will help you in protecting the property. You should contact your real estate attorney and he will assist you further in this matter.

Sussane

Like | Dislike | Share | Posted: Mon, 01/24/2011 - 21:46

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Mon, 06/07/2010 - 22:36

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

No - I asked - Can he do this WITHOUT her signature of approval? I think he wants her out of the house, and regrets allowing her name on the title. She would not have moved in without him doing so, because she sold her own home to live with him. He bought it 3 months before they were officially married, then they hired a lawyer to draw up a warranty deed giving her half. Mortgage is far from being paid off. Now he wants her off. can he do this without her consent? He said anything can be done with a good lawyer.

Like | Dislike | Share | Posted: Sun, 09/06/2009 - 13:00

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Glenn,

If the warranty deed mentions your wife as the sole owner of the property, then the nephew cannot claim any ownership to it.

Like | Dislike | Share | Posted: Thu, 08/26/2010 - 23:01

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We recently purchased a property in Texas with a mortgage. Despite our request to have the property in joint names, the deed is only in my name (husband).

The warrenty deed with vendor lien names me as grantee and shows me as "a married person". My wife is not named anywhere on the deed

How can we get my wife's name on the deed?
Is this something that should be rectified?
If we were to leave it as is, would she need to refinance if I should die.

Like | Dislike | Share | Posted: Wed, 01/27/2010 - 16:55 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome sprin,

The property is not in your real name. In such a situation, you don't own the house. Nevertheless, I will suggest you to contact a real estate attorney and take his opinion in this matter.

Like | Dislike | Share | Posted: Thu, 01/20/2011 - 22:10

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi carmen,

You will have to record the deed at the county recorder's office where the property is located.

Like | Dislike | Share | Posted: Sun, 11/08/2009 - 23:02

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I didn't think there would be a real problem - since we entered the contract in 2006 while he was alive.

I will heed your advice and see a real estate attorney to make sure everything is completed corectly.

Thanks,

Like | Dislike | Share | Posted: Thu, 09/10/2009 - 06:14 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My father is dying from a disease and cannot write or speak. His current wife and my step mother somehow got an attorney to notarize the warranty deed, which conveys the property to her after my fathers death. The form just includes an X on the signature line. The family knows for a fact that my father did not want his wife to have the property. She is not aware that the family knows she filed the deed. To me the form would be valid if she got my father to agree to signing the deed when he could speak and still write. She waited for him to be completely disabled and then got the attorney to notarize. Also, she only lets his kids visit for 20 mins. and then we have to leave. As his children, would we be able to file a second warranty deed with the county as long as we provide video as additional proof that the children are entitled to the home?

Like | Dislike | Share | Posted: Thu, 01/27/2011 - 14:12 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Ange!

Welcome to forums!

I've given my suggestions in regards to your query at:
http://www.mortgagefit.com/propertytransfer/about37702.html

Take a look at it. Hope it helps you.

Sussane

Like | Dislike | Share | Posted: Mon, 04/19/2010 - 23:18

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

if i add a married man to my deeds, does that make his wife part owner of my home

Like | Dislike | Share | Posted: Wed, 05/19/2010 - 10:21 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Mon, 07/05/2010 - 22:39

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I have been living in our house since 2004, but it is under my mother's name, what can we do to transfer the house into our name?

Like | Dislike | Share | Posted: Wed, 01/06/2010 - 09:00 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/about46452.html#191091

Take a look at it. I hope it will help you. Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 11/10/2010 - 22:17

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jackie,

As your name is on the property deed, you will be considered as one of the owners of the property. If your name is not mentioned on the mortgage docs, then you'll not be liable for the loan. If your name is mentioned on the loan docs, then you're responsible for the mortgage payments.

Thanks

Like | Dislike | Share | Posted: Tue, 12/14/2010 - 21:14

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Mother diagnosed with stage 4 cancer wants to convey property to youngest daughter (6 other siblings in agreement)...free and clear title (no mortgage or loans)..would warranty deed be best action to take..can creditors come after house when mother passes away or is it excluded since it has been transfered to daughter?

Like | Dislike | Share | Posted: Thu, 08/19/2010 - 20:01 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Maria,

Your question is not clear to me. If you've lost the property deed, then you'll have to contact the county recorder's office and get hold of the duplicate property deed.

Like | Dislike | Share | Posted: Sun, 11/22/2009 - 23:17

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My Mom and Dad gave one of my brothers a deed to their homestead, now my Dad has died and Mom wants to give it to my youngest brother because he has taken care of her for over 10 yrs without compensation.
In Texas, can the wife get total ownership and write a codicill in her new will that will cancen the other deed out.

Like | Dislike | Share | Posted: Thu, 04/29/2010 - 12:29 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jessica, Can one deed a piece of land back to the county where it is located (in Texas)? I have a property that I have never been able to sell. Now the county is assessing road improvement fees against it (via a lien). I would like to relenquish the property if possible.

Like | Dislike | Share | Posted: Tue, 12/07/2010 - 13:56 | Post subject:

Page loaded in 0.536 seconds.