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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
My father who is now deceased transfer his dad's property in Galveston to my brother's name before he died in 2007. My brother have a wife who have been seperated for 5 years. If he sells the house, will my sister-in-law get part of the money for the house? My brother have 3 sisters will they recieve some of the money too?
Posted on: 27th Feb, 2009 12:44 pm
Hi Unsure,

If the property is in your brother's name only, then he has every right to sell the property and the proceeds of the sale will go to him and nobody else, unless of course he chooses to give some portion of it to somebody.
Posted on: 27th Feb, 2009 10:19 pm
I want to transfer the tile to my son. How would I go about doing this?
Posted on: 02nd Mar, 2009 11:44 am
Hi anonymous,

Transferring the title to your property to your son will not be difficult. You need to sign a quit claim deed as the grantor transferring your share, either in full or in part, to your son as the grantee or to both of you as grantees. Then, you need to get it notarized and recorded to validate it.


Posted on: 03rd Mar, 2009 01:35 am
My parents decided to include in the property deed. My mom is now deceased and my father wants to transfer the deed to his and my name only. What should we do?
Posted on: 03rd Mar, 2009 04:26 pm
Hi Rlinda,

Your father needs to sign a quitclaim deed to add you to the title of the property. He is required to sign the deed as the grantor transferring his share in the property to himself and you as the grantees. Then, the deed has to be notarized and rcorded to validate it.
Posted on: 04th Mar, 2009 01:35 am
My grandfather died in 1941 without a will. His wife and his five children from a previous marriage could not agree on ownership of home. Throughout the years only one son refused to move out, got married and had a family and continued to live there until his death. My grandfather's five children continued to disagree and refused to sign over ownership of home to this one brother that refused to move out. When he died, his wife deeded the property to her granddaughter. Then this granddaughter sold this property. How can they sell this property when they did not own it? The relatives of my grandfather were never notified. One of my cousin's notified me about this transaction and stated that this had to be an invalid sale, since his niece and mother did not own this property. How do we correct this transaction?
Posted on: 07th Mar, 2009 10:50 pm
Hi Daisy,

Since his niece and mother were not on the title, they had no right to the property. They can never sell it, unless the title is in their name. Thus the sale is invalid. I think you should consult a lawyer who can tell you what actions could be taken against them to reverse such an invalid sale.
Posted on: 09th Mar, 2009 03:50 am
the deed to our property shows x amount of feet from center of drainage ditch survey shows forty feet the other side of ditch.
Posted on: 09th Mar, 2009 06:18 am
Hi john,

At times the deed and the survey might show different information. It actually happens because of the use of two different points of beginning while describing the same piece of real property. For instance, one may show so many feet from one corner of the street while another survey might take another corner of the street as a point of beginning and show so many feet from that point. However, as far as both the points are correct, both are valid.
Posted on: 10th Mar, 2009 01:34 am
My mother owns outright a piece of property. She will be retiring soon but is not in a position to build on the property. My husband and I have "gone in" with her in that we are willing to build and have her live there in perpetuity. We want the property in our name so that the taxes will be our responsibilty and mom won't have any problems. Will a warranty deed do this for us?
Posted on: 12th Mar, 2009 09:18 am

Either a warranty deed or a quitclaim deed can be used to change the title. She needs to sign the deed as grantor and you and your husband would be the grantees. Your mother can also quitclaim the property to you while retaining a life estate for herself which will give her the legal right to stay on the property as long as she survives.
Posted on: 12th Mar, 2009 11:49 pm
Hi All,
My father in law signed what was a warrenty deed without knowing what he was signing to his new wife which we have found out now does this as a living. Within2 weeks of marriage he realized this women was out to get him. This lady signed the deed with her middle name did not give him the money and put her address as her home address but as the property address although she claimed in court that they lived at her property. Is this legal.
Posted on: 13th Mar, 2009 10:15 am
Hi anonymous,

As your fahter signed the deed without the knowledge of what he was signing, the deed can be reversed in the court if you can prove that he signed the deed under false pretense. You should consult a lawyer as he is the best person to guide you in this regard.
Posted on: 14th Mar, 2009 01:03 am
does my house purchased before marriage become community property? how do i keep it seperate short of a pre nup? do i have to do anything at all to keep it seperate? Texas resident if that helps or makes a differance.
Posted on: 16th Mar, 2009 09:07 pm
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