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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36401
Experience:  Texas lawyer for 30 years in Estate law
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If the wife and I are Joint tenants on a property and she

Customer Question

If the wife and I are Joint tenants on a property and she wants to sign over the property to me what forms are necessary to file with the recorders office? Grant Deed or Inter Spousal Transfer Deed?
Submitted: 4 months ago.
Category: Estate Law
Expert:  RayAnswers replied 4 months ago.

Hi and welcome to JA. Ray here to help you tonight.

You use a Spousal Transfer Deed.An "interspousal transfer deed" transfers title (ownership) between a married couple. A gift given by one spouse to the other during the marriage is considered "separate" (owned separately), not "marital" (mutually-owned) property.

Free forms

This also avoids problems with Prop 13 and revaluation here.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 4 months ago.

Spouse here signs in front of notary and you record it in your county deed records to transfer title.

Customer: replied 4 months ago.
We want to make it so someone suing her can't come after her for if they get a judgment.
Expert:  RayAnswers replied 4 months ago.

That would work , the judgment is only good against anything in her name and you are transferring it out here.Thats thte way to go here to avoid such a problem.These are the forms you would use.

Thanks for the follow up.

Customer: replied 4 months ago.
which forms sorry, so they couldn't come after the property?
Customer: replied 4 months ago.
It says link is broken
Customer: replied 4 months ago.
Which one is it? Spousal Transfer Deed. OR "interspousal transfer deed"
Expert:  RayAnswers replied 4 months ago.

A creation, transfer, or termination, solely between spouses, of any co

-owner’s interest

This is the one you check on int4erspousal transfer deed above.

Expert:  RayAnswers replied 4 months ago.

She is deeding you her interest in the property.

Expert:  RayAnswers replied 4 months ago.

A judgment against her would have no effect here because she no longer has an interest.They cannot touch the property at that point.

Thanks again for your patience.

Customer: replied 4 months ago.
We're sorry, the page you're looking for can't be found.
Please email me the forms***@******.***
The link is broke
Expert:  RayAnswers replied 4 months ago.
Customer: replied 4 months ago.
Hello and thanks for helping me.
Under the Documentary Tax which do I check and do I put an amount in there?
Then under that is another group of boxes to check which one do I check ?
I just want to make sure that I check the right ones.
Thanks Mucho.
Expert:  RayAnswers replied 4 months ago.

You need the clerk to calculate that and you fill it in before it is recorded, that way it is accurate.

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