This form is a Special Warranty Deed where the grantors are husband and wife and the grantees are husband and wife. Grantors convey and specially warrant the described property to the grantee. The grantors only warrant and will defend the property only as to claims of persons claiming by, through or under grantors, but not otherwise. This deed complies with all state statutory laws.
A Special Warranty Deed is a legal document commonly used in Texas to transfer property ownership from one party to another after a divorce without the signature of one of the divorced spouses. This type of deed provides limited warranty protection to the buyer, meaning that the seller guarantees that they haven't personally caused any title defects or encumbrances on the property during their ownership. However, it does not provide protection against any defects or claims that may have arisen before the seller took ownership. In a Texas divorce, there may be situations where one of the divorced spouses is not available or unwilling to sign the Special Warranty Deed. In such cases, it becomes necessary to execute the deed without their signature. While this is allowed in Texas, it is important to note that it may have certain implications, and parties involved should consult with an attorney to ensure legality and protection of their rights. There are various types of Special Warranty Deeds in Texas divorce cases that can be used to transfer property ownership without the signature of one of the divorced spouses. Some of these include: 1. Divorce Special Warranty Deed: This is the most common type used in divorce situations where one spouse conveys their interest in the property to the other spouse without their signature. 2. Special Warranty Deed Without Spouse's Signature: In situations where the non-signing spouse refuses to relinquish their interest in the property, a Special Warranty Deed can still be executed by the signing spouse to transfer their own interest to a third party without the non-signing spouse's signature. 3. Special Warranty Deed with Court Approval: In some cases, obtaining court approval becomes necessary to execute a Special Warranty Deed without one spouse's signature, especially if it involves the disposition of community property. It is important to consult with a qualified attorney experienced in Texas family law and real estate matters to navigate the complexities of executing a Special Warranty Deed without the signature of one of the divorced spouses. They can provide personalized advice and ensure that all legal requirements are met to protect the interests of all parties involved.
