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
Welcome Guest,
If the property deed mentions the Church as the owner of the property, then the property will be owned by it. However, as the Church is disbanded, it is difficult to say as to who owns the property now. You can contact an attorney and get his opinion in this matter.
If the property deed mentions the Church as the owner of the property, then the property will be owned by it. However, as the Church is disbanded, it is difficult to say as to who owns the property now. You can contact an attorney and get his opinion in this matter.
Warranty Deeds are frequently issued on owner financed property. Isn't the actual owner of the property the person who is owner financing until the sale amount plus applicable interest is paid?
what Texas form should be used to transfer a home to the spouse who is widowed, but has two adult children. the home is now in the spouse's and her deceased husbands name
We are buying a home from a friend for exactly what they owe, which is below market value. We are sending a wire transfer to the mortgage company paying it off and the friends in turn are giving us a warranty deed. Is that the documents that are needed?
hi!
welcome to forums!
to soddu,
the spouse will have to remove her deceased husband's name from the deed by filing an affidavit of heirship. once the property is transferred in her name, then she can add her children's name by signing a quit claim deed.
to itsmedebby,
as there is a mortgage on the property, your friends cannot use a warranty deed to transfer the property in your name. they will have to use a quit claim deed to transfer the property in your name.
feel free to ask if you've further queries.
sussane
welcome to forums!
to soddu,
the spouse will have to remove her deceased husband's name from the deed by filing an affidavit of heirship. once the property is transferred in her name, then she can add her children's name by signing a quit claim deed.
to itsmedebby,
as there is a mortgage on the property, your friends cannot use a warranty deed to transfer the property in your name. they will have to use a quit claim deed to transfer the property in your name.
feel free to ask if you've further queries.
sussane
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?
Hi razclis,
As the property is free and clear, she would be able to use a warranty deed in order to transfer the property to her youngest daughter. Once the property is transferred to the daughter, the creditors of your mother will not be able to come after the said property.
As the property is free and clear, she would be able to use a warranty deed in order to transfer the property to her youngest daughter. Once the property is transferred to the daughter, the creditors of your mother will not be able to come after the said property.
Hello, I helped my sister in law to buy a house as coborrower in the loan. Now after 1 year I am trying to buy my house but my name is in the credit and in the Warranty Deed. I was told by the Organization I want to buy the house that if I can get deleted from the Deed I can get the loan. My question is can I do this with a Quitclaim Deed?
hi carlos!
welcome to forums!
you can remove your name from the property with the help of a quit claim deed. however, in that case, the lender will want your sister-in-law to refinance the mortgage in her name and remove you as the co-borrower of the loan.
feel free to ask if you've further queries.
sussane
welcome to forums!
you can remove your name from the property with the help of a quit claim deed. however, in that case, the lender will want your sister-in-law to refinance the mortgage in her name and remove you as the co-borrower of the loan.
feel free to ask if you've further queries.
sussane
Thanks Sussane!!! It's what I wanted to know!!!
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.
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.
If the warranty deed mentions your wife as the sole owner of the property, then the nephew cannot claim any ownership to it.
how do I add my husband of 20 years to the deed. deed is clear no morgage on property.... live in the state of texas
Hi!
Welcome to forums!
To Big Bear,
The wife can use a quit claim deed in order to transfer her share of the property to her husband. The husband can then refinance the mortgage in his name.
To toshgaal,
If the property is free and clear, then the owner can sign a warranty deed in order to transfer the property to you. If there is a mortgage on it, then the owner will have to use a quit claim deed to transfer the lot.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
To Big Bear,
The wife can use a quit claim deed in order to transfer her share of the property to her husband. The husband can then refinance the mortgage in his name.
To toshgaal,
If the property is free and clear, then the owner can sign a warranty deed in order to transfer the property to you. If there is a mortgage on it, then the owner will have to use a quit claim deed to transfer the lot.
Feel free to ask if you've further queries.
Sussane
my wife wants me to add her on my home that i purchased 12 years ago in texas before we got married. we are getting ready to go through a divorce but she wants me to add her name on the house through a warranty deed. We have agreed to split the equity gained on the house 50/50 and i sell it back to her for whats owed on the house. should i add her on the deed now or wait until the divorce is final. i don't want my name linked to the house period. should i wait to see if she able to be financed for the home first before adding her on a warranty deed or not add her on at all? what should i do?