Houston Texas Special Warranty Deed - Husband and Wife to Husband and Wife

State:
Texas
City:
Houston
Control #:
TX-042-78
Format:
Word; 
Rich Text
Instant download

Description

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 used to transfer property ownership from one party to another, with specific guarantees or warranties provided by the seller (granter) to the buyer (grantee). In the case of a Houston Texas Special Warranty Deed — Husband and Wife to Husband and Wife, the property is being transferred between a married couple and includes specific provisions related to their marital status. This type of deed ensures that the granter (husband and wife) holds the title to the property and has the legal right to transfer it to the grantee (husband and wife). The Special Warranty Deed guarantees that the granter will defend the title of the property against any claims that may arise during their ownership, with exceptions for any encumbrances or defects that existed before they acquired the property. Different types or variations of the Houston Texas Special Warranty Deed — Husband and Wife to Husband and Wife may include additional clauses or special provisions tailored to the specific circumstances of the property transfer. Some possible variations could be: 1. Houston Texas Special Warranty Deed — Husband and Wife to Husband and Wife with Survivorship Rights: This type of deed ensures that if one spouse passes away, the surviving spouse automatically receives their share of the property without the need for probate or court proceedings. 2. Houston Texas Special Warranty Deed — Husband and Wife to Husband and Wife as Community Property: In this case, the property is considered community property under Texas law, meaning it is jointly owned and managed by both spouses during their marriage. This type of deed may include specific language acknowledging the property's community property status. 3. Houston Texas Special Warranty Deed — Husband and Wife to Husband and Wife with Homestead Exemption: If the property qualifies as the couple's homestead under Texas law, this type of deed may include additional provisions related to the homestead exemption, which provides certain legal protections and tax benefits for homeowners. It's important to consult with a real estate attorney or expert to ensure the correct document type is selected based on the specific circumstances of the property transfer and the couple's desired goals.

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FAQ

Most mortgage applications require information about the marital status of the applicant. However, you can technically apply for a mortgage without your spouse. This may make sense where one spouse has significantly better credit than the other.

The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.

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.

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.

Texas is one of nine states that is a community property jurisdiction. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses.

One good reason to add a spouse to the deed of your home is for estate planning purposes, which may allow the property to transfer to your spouse outside the probate process, depending on the transfer language utilized in the granting clause. Another reason is for creditor purposes.

Control and Ownership of Separate Property The signature of both spouses is required to convey Texas homestead, even if the property used as the marital home is actually owned by only one spouse.

Control and Ownership of Separate Property The signature of both spouses is required to convey Texas homestead, even if the property used as the marital home is actually owned by only one spouse.

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.

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.

More info

Once a divorce is final, you and your ex-spouse will need to split up the the real property. Quitclaim deeds are legal instruments that transfer ownership of a property.Complete, ready-to-be-signed legal documents. Emailed to you in about an hour. The Texas Family Code Sec. 6. Learn about Divorce and quitclaim deeds on Texas today. Husband contemporaneously executed a special warranty deed of the homestead to wife. No action was taken on his military retirement pay. Basic Contract Provisions and Disclosures in a Residential Real Estate Transaction . , wife (husband) of the grantor, releases all rights of dower therein.

In Texas, if you receive the home from a spouse in lieu of selling it, the buyer will have a lien on the homestead. You generally need to provide a proof of ownership before the lien will attach — you can provide a bank statement, your mortgage insurance card with the homestead listed on it or a certified copy of your current title report, but no more than one of us has seen. If the deed is a stop-sale deed and the buyer has no deed holder, the lien will attach and the property will be subject to sale, even if the buyer offers to pay up. “The lien becomes enforceable upon sale unless the lien holder establishes that he or she was not aware of the release. At the close of the sale, the lien holder has the choice of receiving a purchase price or the value of the homestead or of selling the homestead itself.

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Houston Texas Special Warranty Deed - Husband and Wife to Husband and Wife