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Texas Warranty Deed - How it differs from other states

Author: Jessica Bennet
Community Mentor
Ask Jessica
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.
Posted on: 04th Apr, 2008 12:06 pm
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
do i need an attorney to do this or can i do it my self. If so what docs do i need. I'm sellin 1/2 acre with no house in texas.
Posted on: 02nd Feb, 2009 07:07 pm
I inherited property from my aunt and she gave 1/2 to grand kids of person she was living with after my Uncle passed in Texas the property is in Texas also. Can I get a Warrenty Deed from the Personal representative on fill of Last Will. The kids will not be of age for (7) years.
Posted on: 03rd Feb, 2009 06:30 pm
We have a family estate no one has lived in for 10 years but I keep up the taxes. My geat grandparents were the last name on the deed but are deceased. How do i get this deed under my name since nobody else wants this house?
Posted on: 09th Feb, 2009 02:44 pm
Hi keekers,

Since nobody else wants this house and your grandparents are deceased, you have to file an Affidavit of heirship with a probate court so the property gets legally transferred to your name.
Posted on: 10th Feb, 2009 04:27 am
Hi mary,

It's always better to consult an attorney before you draw up the deed as the verbiage on the deed varies with varying situation. It also reduces the chance of any disputes arising out of it in future.
Posted on: 11th Feb, 2009 02:56 am
Hi j,

Since the kids will not be of age for 7 years, any legal representative of the children, appointed by the court, can sign the deed.
Posted on: 11th Feb, 2009 03:02 am
Hello,

I just filed an affidavit of heirship and i need to know what is the next step for me to get a general warranty deed so the name can get changed over to my fathers name
Posted on: 11th Feb, 2009 07:41 pm
jh
Posted on: 11th Feb, 2009 07:47 pm
Hi anonymous,

What I understand is that you want to change the title to your father's name using a warranty deed. Right? Well, if this is what you want, go through the following topic on warranty deed to know all about the deed and how to validate it.
Posted on: 12th Feb, 2009 12:17 am
My X husband was awarded the business and real estate in the divorce. The papers did not spell out the location of the business or address. Nine years later he sells the property without a warranty deed. My name now appears with the new buyer as part owner. I do not want to let the property go until I am reimbursed for bills that were never paid. What are my options and how could he have sold the property with my name still as part owner. Texas
Posted on: 12th Feb, 2009 01:30 pm
Hi Compass,

I also wonder how he managed to sell the property without a warranty deed and your consent. Was the sale legal? It may be that he quitclaimed his share in the property to the new owner as a quitclaim deed doesn't guarantee who the actual owner of the property is and whether it has any lien on it. However, I also don't understand how your name appears on the title, given the fact that he was awarded the property in the divorce.
Posted on: 13th Feb, 2009 02:49 am
My father owns a house in Laredo, Texas, he wants to give me. How do I go about changing names on the house from my dads name to mine?
Posted on: 16th Feb, 2009 10:23 am
Hi rfuentes,

To change the title to the house from your father's name to yours, you need to get a quitclaim deed signed by him whereby he would transfer his share in the property, either in full or in part, to you. You can refer to the quit claim deed related page for more details.
Posted on: 17th Feb, 2009 01:38 am
My mother has Texas property lots that were willed to her at her husband's death many years ago. Those properties are still in her husband's name. What is the easier way to transfer title to her? Can she use one document to transfer all ten lots to her name or must she use individual documents for each piece of property? Does she need to use an attorney since the estate was probated many years ago in Colorado?
Thank you,
M.A.
Posted on: 23rd Feb, 2009 10:19 am
Hi MA,

I don't understand how the title wasn't changed to your mother's name although the estate did go through probate. Anyway, I don't think you need to use individual docs for each piece of property. Only one document would suffice. It's always good to get assistance from an experienced attorney in such cases to avoid any untoward dispute in future.
Posted on: 23rd Feb, 2009 11:04 pm
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