Texas deed change after divorce
It's not unusual for two or more people to own property together.
- Divorce and Quitclaim Deeds.
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Couples often take title to their home together, and multiple siblings may inherit family property together. Following a divorce or other change in personal circumstance, you may want to remove your name from a property deed. In Texas, a deed is a legal document establishing title to real property. It sets out the title conveyed as well as the guarantees about title that the seller is making to the buyer.
In order for a deed to be valid under Texas law, it must meet five legal requirements. The deed must be a written document, be signed by the seller, contain the name of the buyer, include the legal property description and be delivered and accepted by the buyer. The types of deeds most commonly used in Texas for residential real estate are general warranty deeds.
When a seller provides a general warranty deed, he guarantees that the title he is conveying is without defect.
Using Quitclaim Deeds in Divorce
This includes defects created not only during the time he held the deed but at any time before that. Quitclaim deeds are also permitted under Texas law. When a person uses a quitclaim deed, she conveys percent of the interest she has in a property. However, she does not guarantee what that interest is.
In order for a deed to be enforceable against third parties in Texas, it must be recorded in the county clerk's office in the county where the real estate is located. Before you begin, take the time to be sure whose names are listed on the deed. If you have a copy of the deed, inspect it carefully or look in the public records Texas Land Records and Deeds Search website.
All Texas counties are listed alphabetically, along with information about how to contact the court clerk or to search an online database for deeds.
Deeds in Texas
Some other examples of circumstances where a couple might use an interspousal transfer deed include the following:. A "quit claim deed" transfers whatever interest one spouse has in property to the other spouse. An important difference between an interspousal transfer deed and a quit claim deed is that a quit claim comes with no guarantees or promises about property ownership.
Some examples of circumstances where a couple might use a quit claim deed include:. Interspousal transfer deeds can be used to avoid tax liability when transferring property.
Misconceptions and Realities
When title to property is transferred, the county may impose a transfer tax and may reassess the value of the property which could result in higher property taxes. However, an interspousal transfer deed is a special kind of transfer that is exempt from transfer taxes and ultimately a cost-effective method of transferring property between spouses.
Quit claim deeds are very simple and use a form that is easy to find online or at office supply stores. However, with a quit claim deed one spouse may give up rights to certain property but not necessarily liability for any mortgage or lien on the property. A problem could arise if one spouse is awarded the marital home in a divorce and the other spouse uses a quit claim rather than interspousal transfer deed to transfer his or her interest.
The deed should be completed and must:. For more specific information regarding the use of interspousal transfer deeds and quit claim deeds in a divorce, please contact a local family law attorney for help.
What's the Difference Between Quitclaim and Warranty Deeds?
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