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
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!
Hi Guest,
If you do not pay off the lien, your ex may force you to sell off the property so that she may be able to recover her dues.
Thanks
If you do not pay off the lien, your ex may force you to sell off the property so that she may be able to recover her dues.
Thanks
my wife and i are seeking a divorce that we have negotiated amongst ourselves and are in agreement. in july of 2008 we purchased a home together. at that time she moved away the next day and wanted a divorce. she never lived there nor never paid any monies toward the mortgage. i have maintained the household and made all payments to date. she wants me to be able to keep the house but at this time i am unable to refinance the house on my own. my mortgage company says she can deed me the house in the divorce and then in the future i can refinance. my wife has agreed to this but i need to know how to go about doing it.
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
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
How do I change a Special Warranty Deed into a General Warranty Deed? In Texas.
Hi dianelovejoy,
I think, it will be difficult for you to transfer the special warranty deed into a general warranty deed. You will have to transfer the property to the grantor who will sign a general warranty deed and transfer the property back to you.
I think, it will be difficult for you to transfer the special warranty deed into a general warranty deed. You will have to transfer the property to the grantor who will sign a general warranty deed and transfer the property back to you.
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? :)
Hi TDJ,
As the property is free and clear, you can use a warranty deed in order to transfer the property to your relative.
Thanks
As the property is free and clear, you can use a warranty deed in order to transfer the property to your relative.
Thanks
My (deceased) wife is still on the deed to my home and property. I need her taken off to clear the deed. Have death certificate and there is a will that leaves me as benificary. circa 1980
Hi Edwin,
You will have to contact an attorney and probate the will. Once the probate is complete, you will have to record it at the county recorder's office and get the property transferred in your name.
Thanks
You will have to contact an attorney and probate the will. Once the probate is complete, you will have to record it at the county recorder's office and get the property transferred in your name.
Thanks
Jessica, I have a warranty deed in my name. My brother at the time helped me buy my home because of bad credit. We went to an atty. to put me or give me the deed. I was told if I wanted to finance the house in my name then I would have to take my name off the deed??? This was in 2004, I don't remember if I did anything about it. Since the house is still in his name, my question to you is how do I find out if I am still on the deed, or was I removed?? Who do I call or what do I look up?? I don't have good credit, my brother told me to do this at that time, he tells me to hurry up and take him off the mortgage and get it in my name.
Hi Della,
You can check out the property deed in order to know whether or not your name is mentioned in it. You can also contact the county recorder's office in order to know whether or not you are the owner of the property. As far as the mortgage is concerned, you will have to refinance the loan in your name. If you do not have a good credit, it won't be possible for you to refinance the loan.
Thanks
You can check out the property deed in order to know whether or not your name is mentioned in it. You can also contact the county recorder's office in order to know whether or not you are the owner of the property. As far as the mortgage is concerned, you will have to refinance the loan in your name. If you do not have a good credit, it won't be possible for you to refinance the loan.
Thanks
Hi, I have recently gotten re-married and the name on my house's deed and mortgage are both my previous married name. However, I bought the house after my divorce from the first marriage, so I was the only purchaser on the note. What do I have to do to make both of those match my new married name? Also how difficult would it be to add my new husband to the deed?
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
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
I am always told that the law says that both husband and wife have to be on the deed, because Texas is a community property state. Although, I can not find this law on the State of Texas website that lists all laws enforced in Texas. I have found laws on homesteads, community property, etc...but nowhere it says that both have to be on the deeds. The only thing found was under the homestead saying that no spouse can sell without the permission of the other spouse wether separate or community property.