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 g man,
It is better wait until she gets the financing for the property before signing a warranty deed in her favor. Once she gets the financing and refinances the loan in her name, she would be fully responsible for the loan payments.
Thanks
It is better wait until she gets the financing for the property before signing a warranty deed in her favor. Once she gets the financing and refinances the loan in her name, she would be fully responsible for the loan payments.
Thanks
On the deed but not the mortgage. How do I get my name off the deed?
Hi leavingacrackaddict,
You can sign a quit claim deed and transfer your share of the property to the other owner. This will make the other person sole owner of the property.
Thanks
You can sign a quit claim deed and transfer your share of the property to the other owner. This will make the other person sole owner of the property.
Thanks
I am purchasing a directly from the owner. i am giving him a down payment, and the remainder in monthly installments. What documents or steps do I need to take to change the title to my name.
Hi Guest,
If the seller owns the property free and clear, then you can ask him or her to sign a warranty deed in order to transfer the property to you.
If the seller owns the property free and clear, then you can ask him or her to sign a warranty deed in order to transfer the property to you.
I own 2 rental properties in Texas. I bought with a partner ...so I own 50%. He took out the mortgage and I am not on Title. We are not Married. What Form needs to be filled for LEGAL 50 % ownership? Thanks We live in California
Welcome Delores,
You should ask your partner to sign a quit claim deed and add your name to the property deed. Once he does so, you'll be considered as one of the owners of the property.
You should ask your partner to sign a quit claim deed and add your name to the property deed. Once he does so, you'll be considered as one of the owners of the property.
me and a partner are on the mortgage and the title for property in Texas...
Can I have the partner sign a warranty deed to get them off the title?
Can I have the partner sign a warranty deed to get them off the title?
Welcome NB,
As there is a mortgage on the property, you won't be able to ask him to sign a warranty deed. You will have to ask him to sign a quit claim deed and transfer the property to you.
As there is a mortgage on the property, you won't be able to ask him to sign a warranty deed. You will have to ask him to sign a quit claim deed and transfer the property to you.
My grandmother passed away 7 yrs ago, she left behind 1 property and 2 kids. They are in total agreeance with them equaly owning it however we were told we need to do a Affidavit of heirship an dsome kind of deed must be filed as well. But all the deeds I come across require an Grantor but she is passed on so Im lost
Hi Guest,
If your grandmother has left no will, then the 2 kids need to file an affidavit of heirship at the country recorder's office and get the property transferred in their names. This won't require a grantor's signatures.
Thanks
If your grandmother has left no will, then the 2 kids need to file an affidavit of heirship at the country recorder's office and get the property transferred in their names. This won't require a grantor's signatures.
Thanks
A home purchased in Texas in 1988 no mortgage with both husband & wife listed on the Warranty Deed; in 2007 the wife died. What precedure is
required to have a new Warranty Deed prepared with only the husbands name as sole owner of the home?
I appreciate your help.
Thank you
pem
required to have a new Warranty Deed prepared with only the husbands name as sole owner of the home?
I appreciate your help.
Thank you
pem
My wife bought the house in Texas before we were married only her name on the deed. She shrotsold the house we filled for divorce yesterday. The decree states the house as her property. The deed co. wants me to sign a conveyance to the deed. I want this sale to go through for her and the bank never involved me in short sale. I do not want this to effect my credit or be involved in any way. If I dont singed they say they can not close. what should I do
My wife bought the house in Texas before we were married only her name on the deed. She shrotsold the house we filled for divorce yesterday. The decree states the house as her property. The deed co. wants me to sign a conveyance to the deed. I want this sale to go through for her and the bank never involved me in short sale. I do not want this to effect my credit or be involved in any way. If I dont singed they say they can not close. what should I do
My wife bought the house in Texas before we were married only her name on the deed. She shrotsold the house we filled for divorce yesterday. The decree states the house as her property. The deed co. wants me to sign a conveyance to the deed. I want this sale to go through for her and the bank never involved me in short sale. I do not want this to effect my credit or be involved in any way. If I dont singed they say they can not close. what should I do