Texas Warranty Deed from Corporation to Husband and Wife

State:
Texas
Control #:
TX-010-78
Format:
Word; 
Rich Text
Instant download

Description

This Warranty Deed from Corporation to Husband and Wife form is a Warranty Deed where the Grantor is a corporation and the Grantees are husband and wife. Grantor conveys and warrants the described property to Grantees less and except all oil, gas and minerals, on and under the property owned by Grantor, if any, which are reserved by Grantor. This deed complies with all applicable state statutory laws.

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FAQ

A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.

Let's start with the definition of a deed: DEED: A written instrument by which one party, the Grantor, conveys the title of ownership in property to another party, the Grantee. A Warranty Deed contains promises, called covenants, that the Grantor makes to the Grantee.

Because the Deed of Trust basically "shares" ownership between the borrower and the lender's trustee, and because Texas is a community property state, both the borrower and the spouse (even if they are not on the mortgage note) must be on the Deed of Trust.

In a Non-Warranty Deed, the seller gives no warranties.In a Non-Warranty or Quitclaim Deed, the seller merely is giving the buyer whatever rights, if any, that the seller has in the property and the seller makes no warranties of any nature about the seller's rights in the property.

State of Texas (and perhaps other community-property states), gives that right to the non-owner spouse that other spouse (separate-property owner) cannot sell properties without her consent and approval, regardless if she is entitled to the property or not.

If you are married and your name is not on the title deed, you may have relinquished your ownership right.

It is also crucial that a spouse know about the loan, even if he or she is not on the mortgage. In general, the spouse must sign a deed of trust, the Truth in Lending and Right to Cancel documents. By signing these documents, they are simply acknowledging the existence of the mortgage.

In every sale transaction a title company is required to determine if the seller of the property is married. If they are married, their spouse is typically required to sign a document at closing and the document changes depending on the classification of the property as homestead or investment.

How do I add my spouse to the deed? In Texas, you can't add your spouse's name to an existing deed, but you can create a new deed by transferring the property from yourself to you and your spouse jointly. You can do this by using either a deed without warranty or a quit claim deed.

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Texas Warranty Deed from Corporation to Husband and Wife