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Texas Warranty Deed - How it differs from other states

Author: Jessica Bennet
Community Mentor
Ask Jessica
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.
Posted on: 04th Apr, 2008 12:06 pm
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

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,
Posted on: 04th Apr, 2008 11:21 pm
Hi Jft,

"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
Posted on: 07th Apr, 2008 06:13 am
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.
Posted on: 07th Apr, 2008 07:24 am
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.
Posted on: 24th Jul, 2008 02:21 pm
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.
Posted on: 25th Jul, 2008 04:50 am
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.
Posted on: 23rd Sep, 2008 07:25 am
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
Posted on: 23rd Sep, 2008 07:31 am
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.

Posted on: 23rd Sep, 2008 11:46 pm
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?
Posted on: 27th Sep, 2008 06:12 am

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.

Posted on: 29th Sep, 2008 01:31 am
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.
Posted on: 09th Oct, 2008 09:33 am
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?
Posted on: 09th Oct, 2008 09:46 am
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.


Posted on: 10th Oct, 2008 04:05 am
I need to file a general warranty deed in houston, texas. I don't know where to go. Can anybody help me.
Posted on: 11th Oct, 2008 10:06 am
HI janelee!

You can check the following link to get your answer


Posted on: 13th Oct, 2008 04:19 am
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