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The quitclaim deed would transfer title from the community or joint property to separate property. A quitclaim deed is legally binding. The transferring spouse eliminates his rights to the property after signing it.

On death the death of one spouse, a couple's community property is divided equally. The surviving spouse gets to keep his or her half. The deceased spouse's half is transferred through his or her will or, if there is no will, as provided in the Texas intestacy statutes.

After death of any person(s) named in this agreement, the survivor(s) may obtain a new title by submitting a new Application for Texas Title and/or Registration (Form 130-U) in the name of the survivor(s), this completed form, and a copy of the death certificate.

After the owners sign the Survivorship Agreement, they will legally be Joint Tenants with Right of Survivorship. The co-owners can sell the property at any time. A Survivorship Agreement does not prevent the owners from selling.

One issue with using a quitclaim deed in a divorce case is that Illinois has homestead rights. In Illinois, homestead rights mean that spouses who use the property as their primary residence cannot be removed from the deed unless there's a court order or if the spouse waives their homestead rights.

By default, the married couple will own the property as community property without rights of survivorship. If the couple wants to hold title as community property with right of survivorship, the couple must sign—in addition to the deed—a Community Property Survivorship Agreement.

If the wife's name is not on the deed, it doesn't matter. It's still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.

In which of the following situations could a quitclaim deed NOT be used? c. The answer is to warrant that a title is valid.

The right of survivorship agreement must be filed with the county court records where the couple lives. This can be a way that married couples can see to it that all community property stated in the agreement automatically belongs to the surviving spouse without having to go to probate court.

In Texas, two forms of joint ownership have the right of survivorship: Joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. (The survivor must, however, live at least 120 hours longer than the deceased co-owner.