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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45529
Experience:  Attorney with 29 years of experience.
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I have a piece of property in San Antonio, Texas, Bexar County,

Customer Question

I have a piece of property in San Antonio, Texas, Bexar County, that my ex-fiancee wants to title into my name. Long story short... It was titled in her maiden name, now she has married in Wichita KS. The property is paid off. We are interested in handling the closing ourselves to save money. This is a friendly transfer of property, we are all in agreement, including her new husband.

How should this be handled in Texas? I read that Texas courts don't recognize a Quit Claim deed? Do we have to transfer it to her new name first? Do I need a quit claim from her husband also?

I tried to prepair and pay for a Special Warranty deed on line but stopped. When I learned that she completely changed her name in Kansas. She doesn't have her maiden name on an ID that a Notary could verify.

What documents are necessary to complete this transfer? Can it be done on line or do I need to hire it out? The title company way is really to complicated for us and too expensive.
Submitted: 3 years ago.
Category: Legal
Expert:  Richard replied 3 years ago.

Good evening. Quit claim deeds are valid in Texas. It's just that a quit claim deed is pretty much worthless. A quitclaim deed conveys any title, interest, or claim of the grantor in the real property, but it does not profess that the title is valid nor does it contain any warranty or covenants of title. Thus, a quitclaim deed does not establish title in the person holding the deed, but merely passes whatever interest the grantor has in the property. When a person signs a Quitclaim Deed, he is essentially saying, "I don't promise that I own any interest in this land, but if I do I surrender it." Compare this to language in a Warranty Deed, where the seller "grants, sells and conveys the property to the buyer ... to have and to hold it ... forever, and binds seller and seller's heirs to warrant and forever defend the property to the buyer.

 

Given that, I would suggest you transfer title by a special warranty deed. It is no more expensive than a quit claim deed...just a bit different language. It needs to be witnessed, notarized, and then recorded in the local real property records where the property is located. You can do that all by yourself and then you're finished!

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 3 years ago.
Thanks so much for your time. Yes I was pleased with your response. Wasn't sure if I needed to reply first then accept...

But I need to know how to handle the name change. Because the site asked for the name on the title, but her name has changed. Do I need to change her name on the title first? Or can that be handled by the special warranty deed? If so how would I state her name on the special warranty deed? Or would that just need to be verified by her notary there in Kansas?
Expert:  Richard replied 3 years ago.

Oh...I'm sorry..I forgot about that....all she needs to do is put on the deed her name as follows:

 

[Her Name Now] formerly [Her Name Originally], as Grantor

Customer: replied 3 years ago.
Thanks so much. The other thing I asked was do I need some kind of release from her husband or do I need to get him to sign the special warranty deed also?

Since you are also a developer? (Thats so cool...) Would you possibly know any info on old tax liens? I have an over 17 year old tax lien. Do they still attempt to collect those old liens?
Expert:  Richard replied 3 years ago.
You're welcome. You should have her husband sign just to acknowledge he has no homestead rights. There is a 10 year statute of limitations on the collection of taxes...so a 17 year old lien is no longer valid. No worries about that. And, thanks so much for the kind words!
Customer: replied 3 years ago.
Man I would love to talk to you all night... You have been so helpfull! You just took 10 years of worry off my back! I really wanted to acknowledge your help, wasn't sure which button to click. If I have any questions in the future can I go straight throught the service to you? Please reply so I can hit the accept answer button. Thanks so much... Ken
Expert:  Richard replied 3 years ago.
To accept just hit the green accept button...I appreciate that. I'm pretty much available at some point every day...so all you have to do is direct your question directly to me...and I'll be happy to help out! In the meantime....you take care! It is a weirdly small world...I grew up in Wichita, Kansas. :)
Richard, Attorney
Category: Legal
Satisfied Customers: 45529
Experience: Attorney with 29 years of experience.
Richard and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
OOPs forgot to ask. Do I put her husbands name in the upper area where title holder is listed or do I put in another line at the bottom for him to sign?
Expert:  Richard replied 3 years ago.
Just on the bottom part.
Customer: replied 3 years ago.
Since I haven't purchased the special warranty deed yet. Any place on line you would recomend?
Expert:  Richard replied 3 years ago.
I would get it from legalzoom.com. Or, if you will remind me tomorrow, I will post a Texas form on here for you for free.
Customer: replied 3 years ago.
Oh thanks so much! I will remind you... Lets say... in about 15hrs? If you ever want to hook up with another developer here in SA. I think I might know a guy that you would want to talk to...
Expert:  Richard replied 3 years ago.

That will be good...I'll look for your reminder. I've got my hands full at the moment...two developments here in Houston and two in SC. :)

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