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
Hi Guest!
Welcome to forums!
Texas is a community property state, any property acquired during or after the marriage will be considered as a community property. This is true even if only one spouse has possession of the property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Texas is a community property state, any property acquired during or after the marriage will be considered as a community property. This is true even if only one spouse has possession of the property.
Feel free to ask if you've further queries.
Sussane
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
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
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
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.
In Texas, can the wife get total ownership and write a codicill in her new will that will cancen the other deed out.
Hi Mary,
If you brother is presently the owner of the property, then your mother will not be able to transfer the property to your youngest brother without his signatures. If it's just mentioned in the will, then your mother will be able to change the will. If your parents were the sole owner of the property, then she would become the owner of properties after your father's death.
If you brother is presently the owner of the property, then your mother will not be able to transfer the property to your youngest brother without his signatures. If it's just mentioned in the will, then your mother will be able to change the will. If your parents were the sole owner of the property, then she would become the owner of properties after your father's death.
How do I find out how a title is filed, wherther it is joint tenant or what. I know Texas is a community property state, but we have recently divorced and agreed to sell the house, pay all debts and divide what is left. What if I die before the house is sold, what happens to my share?
I inheired home from a late huband free and clear in 1999 Was married again in 2002 but did not ever give that husband any interest As the house was left to me how do i get that name on deed as that is actually my legal name.
i meant to say how do I get husband name no 1 off the deed and no 2 name on as that is actually my legal name
Hi opm,
You can check out the property deed in order to know whether or not you own the property as a joint tenant. If you die before the property is sold off, then your heirs will be able to claim the sale proceeds.
To dorothy,
You will have to file an affidavit of heirship at the county recorder's office in order to transfer the property in your name.
Thanks
You can check out the property deed in order to know whether or not you own the property as a joint tenant. If you die before the property is sold off, then your heirs will be able to claim the sale proceeds.
To dorothy,
You will have to file an affidavit of heirship at the county recorder's office in order to transfer the property in your name.
Thanks
I have a 50-year-old mentally retarded sister who is on Social Security and Medicare. She is diabetic and we are looking at medical needs in the future. We inherited 165 acres jointly. My husband and I are financially unable to provide much additional assistance and we are considering transferring her half of the property to my name. I understand there is a 5-year look-back period for transfer of property when applying for Medicaid. Is that correct? We're thinking it might be best to go ahead and transfer the property now and wait the 5 years to apply for Medicaid. What type of deed do we need to use and is there anything else I need to be aware of? Thanks in advance for any information you can provide!
welcome nina,
it is true that medicaid has a look back period of 5 years in case of a property transfer. if your sister's name is mentioned on the property deed, then she can use a quit claim deed and transfer the property to you.
it is true that medicaid has a look back period of 5 years in case of a property transfer. if your sister's name is mentioned on the property deed, then she can use a quit claim deed and transfer the property to you.
if i add a married man to my deeds, does that make his wife part owner of my home
Hi Guest,
Unless the wife's name is mentioned on the property deed, she won't be considered as a part owner of the property.
Unless the wife's name is mentioned on the property deed, she won't be considered as a part owner of the property.
My husband owned the house before we got married. We both made payments on the house, but in march we paid off the house and now its paid for.. But he is the only one on the title.. He had the house before we meet and so He was on the title. He was paying and individual for the house. . But since we have been married for two years now and I have lived there and I have made house improvements to this house, am I titled to any part of the house if Im not on the title.
My husband owned the house before we got married. We both made payments on the house, but in march we paid off the house and now its paid for.. But he is the only one on the title.. He has the house before we meet and so He was on the title.. But since we have been married for two years now and I have lived there and I have made house improvements to this house, am I titled to any part of the house if Im not on the title.