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.
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
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
You mean you need to list the motgagee on the Warranty Deed not just the Deed of Trust in Texas? Is there a sample somewhere?
hi - my question is this. i own half a home with an older gentlemen in his 80's. the home is paid off and is in both of our names. what do i need to do to make sure i get this home when he passes? he is willing to sign whatever i need, we just don't know what it is. a quit claim deed?
Hi,
To mchast,
You can check out the following page to get a warranty deed for Texas:
"legalmessenger.com/warranty-deed.htm"
To Guest,
You can ask the co-owner of the property to sign a quitclaim deed with a life estate clause it. The life estate clause will help the co-owner of the property to stay in the house until death. After his death, you would get the property. Alternatively, as the property is free and clear, you can even use a warranty deed to transfer the property in your name.
Thanks.
To mchast,
You can check out the following page to get a warranty deed for Texas:
"legalmessenger.com/warranty-deed.htm"
To Guest,
You can ask the co-owner of the property to sign a quitclaim deed with a life estate clause it. The life estate clause will help the co-owner of the property to stay in the house until death. After his death, you would get the property. Alternatively, as the property is free and clear, you can even use a warranty deed to transfer the property in your name.
Thanks.
Texas: A man married someone and she had a lake house. The new husband made all payments for 2 years. They refinanced the house and she died 7 months later, and leaves the house to her grown son by another marriage. He had signed the new mortgage note with her. Does he have any claim to the house?
Hi Helper,
While refinancing the property, was the husband included in the property deed? If his name is on the property deed, then he would be able to claim his interest in the property.
While refinancing the property, was the husband included in the property deed? If his name is on the property deed, then he would be able to claim his interest in the property.
We live in Dallas. My uncle bought a home about 3 months before he married my aunt. When they got married, my aunt made him put her name on the title because she wanted to be a part of the house ownership. They never refinanced the mortgage to both of their names. It has been three years, and their marriage is very bad. He wants her off the title now, and said that he can do it without her signature. is this possible?
yes. she is coowner of house. she needs to sign quit claim deed back in favour of your uncle.
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.
Your uncle will not be able to remove your aunt's name from the property deed without her signatures. She will have to sign the quitclaim deed in his favor.
My father gave me Power of Attorny to sell his land in 2006.
We made a sales contract with the buyer and it pays of in Nov 2009.
My father died earlier this year.
Will there be any problem with completing the sell and transfer of title?
We made a sales contract with the buyer and it pays of in Nov 2009.
My father died earlier this year.
Will there be any problem with completing the sell and transfer of title?
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
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
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,
I will heed your advice and see a real estate attorney to make sure everything is completed corectly.
Thanks,
Hi everyone,
I have question on Warranty Deed. I just purchase 1acre trac. This is my first time buy real property. We did not go through title company. The owner just have is the warranty deed to sign in front notorities. We than went to county clerk office recording to sumit the notorities. County clert recording kept one paper and we all have one. What the recording clert told me is that i wont get the title to the property just the deed. She told me to check back in about couple weeks to County tax office to see the paper went through. My question is, is this legal and would i be able to get my name on the property when the property tax come at the end of the year. Is this the right procedures. And how about my title, is the warranty deed same as title to the land. Please help.....
I have question on Warranty Deed. I just purchase 1acre trac. This is my first time buy real property. We did not go through title company. The owner just have is the warranty deed to sign in front notorities. We than went to county clerk office recording to sumit the notorities. County clert recording kept one paper and we all have one. What the recording clert told me is that i wont get the title to the property just the deed. She told me to check back in about couple weeks to County tax office to see the paper went through. My question is, is this legal and would i be able to get my name on the property when the property tax come at the end of the year. Is this the right procedures. And how about my title, is the warranty deed same as title to the land. Please help.....
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.
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.