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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
Hi bojo,

In a community property state, if you bought a piece of property with your own fund, but after marriage the payments were made from you and your spouses' combined fund (community fund), then she is liable to get a certain portion of the property as per the Moore Marsden Rule. This is where a pre-nuptial agreement can be useful. However, doing a post nuptial agreement is also possible. This can help you create separate properties out of the community property. I think you should consult an attorney and get a post-nup agreement drawn up by him.

Thanks,

Jerry
Posted on: 17th Mar, 2009 03:22 am
In the State of Texas is an Act of Donation for Real Estate Property legal?
Posted on: 17th Mar, 2009 12:58 pm
Hi R Moore,

As far as I know an act of donation for real estate property is legal in texas, but I'm not sure though. Why don't you trasfer property through a quitclaim or warranty deed? You can gift the property through the deed. You can also claim gift tax exemptions on such transfer.
Posted on: 18th Mar, 2009 03:34 am
My husband needs to transfer joint/half interest in his property in order for me to be able to file a homestead exemption on our home/land. What kind of paperwork does this entail and do we need a lawyer or just a title company for it?
Posted on: 20th Mar, 2009 09:32 am
We live in Texas.
Posted on: 20th Mar, 2009 09:35 am
By the way we live in central Texas.
Posted on: 20th Mar, 2009 09:37 am
my husband passes away we were married 41 years have own our home paid for with both names on the title what do i need to do to change the title into my name we live in texas thanks
Posted on: 21st Mar, 2009 01:15 am
A friend of mine is selling her mobile home. She owns the home outright so there is no liens/mortgages on the home. When she finds a cash buyer what paper work will be required to be completed to transfer the home? She thinks they can just sign a warranty deed and be done with it. Is this right? Doesn't it have to be filed somewhere with the state or county? What is all the steps she must do once she has a buyer?
Posted on: 22nd Mar, 2009 11:14 am
Hi TXplorer,

This issue has been discussed in the following thread:
http://www.mortgagefit.com/texas/transferownership-mobilehome.html#84017

Thanks,

Jerry
Posted on: 23rd Mar, 2009 04:31 am
MY FATHER PASSED AWAY OVER FIVE YEARS AGO LEAVING NO WILL HE OWNED HIS HOME AND THE PROPERTY DEED READS THAT HE WAS SINGLE AND BARON , THERE WAS A WIFE AND FIVE BIOLOGICAL CHILDREN WITH BIRTH CERTIFICATES WIFE WAS NOT MARRIED TO MY FATHER AT THE TIME HE PURCHASED THIS HOME. NO ONE IS LIVING ON PROPERTY AT THIS TIME AND AND SOMEONE HAS OFFERED TO PURCHASE THIS HOME . NOTHING WAS EVER PROBATED IN REGARDS TO MY FATHERS DEATH . WHO CAN SELL THIS PROPERTY AND HOW?
Posted on: 23rd Mar, 2009 05:38 pm
Hi GRACIE,

Since he passed away without leaving a will, you need to file an affidavit of heirship with court. The court will then decide who will inherit how much of the property as per the laws of intestacy as applicable in the state. You cannot sell the house until you have the title in your name.
Posted on: 24th Mar, 2009 01:00 am
como se constituye la hipoteca en el estado de texas,
Posted on: 27th Mar, 2009 04:36 pm
Hi mariana,

Could you please translate this into English? It would then be possible for me to understand the issue and comment on it.
Posted on: 27th Mar, 2009 11:35 pm
I have a friend that needs to transfer the deed of land to her name. Does she need an attorney for that or can we do the transfer ourselves?
Posted on: 28th Mar, 2009 05:18 pm
Hi Texas,

It is always better to consult an attorney while transferring title to a property to avoid problems in future. However, you can do it yourself as well, if you want to. Whoever holds the title, needs to sign a deed whereby he/she will transfer his/her share in the property to your friend. The deed then has to be notarized and recorded.
Posted on: 30th Mar, 2009 01:44 am
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