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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9339
Experience:  Since 1983
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Where can I download the documents needed to add my spouse

Customer Question

Where can I download the documents needed to add my spouse to the title of my home?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

I don't mean to be morbid, but I need a little more information.

Do you want to make it so that if either of you dies, the survivor keeps the entire property, or do you want to make it so that if either of you dies, the dead spouse's share passes to his or her heirs?

Customer: replied 1 year ago.
I want the dead spouse's share to pass to his or her heirs.
Expert:  N Cal Attorney replied 1 year ago.

Thank you.

Are there any encumbrances (liens or mortgages) on the property?

Customer: replied 1 year ago.
Mortgage.
Expert:  N Cal Attorney replied 1 year ago.

In which County is the property located?

Customer: replied 1 year ago.
Lancaster, Texas
Expert:  N Cal Attorney replied 1 year ago.

There is a sample form posted at

https://s3.amazonaws.com/uslf-previews/TX/TX-016-78.pdf

available from

http://www.uslegalforms.com/tx/TX-016-78.htm

and you would check the box that says community property without rights of survivorship.

Most stationery stores and real estate offices also have deed forms. You want to use a quit claim form because of the mortgage, and you want the deed to state either community property without rights of survivorship or to state as tenants in common and not as joint tenants.

There is a similar form available from

https://www.deeds.com/forms/texas/quit-claim-deed/dallas/

I hope this information is helpful.

Expert:  N Cal Attorney replied 1 year ago.

Also, a transfer that makes your spouse an owner will NOT trigger the "due on sale" clause in the mortgage, see item 6 at

http://www.reiclub.com/articles/no-due-on-sale-jail

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