Transferring real estate in Texas includes three options.
If you are involved in the sale of real estate in Texas, a key element is understanding what avenues to take to transfer property in the Loan Star State. The same holds true if you face a transfer of real estate for a reason other than the sale of the property. Texas law establishes specific guidelines to transfer real property. The failure to utilize a proper procedure and use a proper deed in the process of transferring real estate can result in a deficiency that impairs the conveyance of ownership in the property.
Instructions
1. Decide which type of deed to use to transfer real estate. In Texas you have three options, the most common being a warranty deed. A warranty deed is nearly always used in the event of a real estate sale. A warranty deed includes a guarantee that there are no liens or encumbrances on the title. The warranty provision reads:
"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."
The warranty language means that if a defect is found to the title, the seller or original owner agrees to incur the expense associated with resolving the title defect.
2. Consider your other deed alternatives. These include a quitclaim deed, which is not favored in cases of sales and similar transactions. A quitclaim deed essentially transfers whatever interest a person might have in real estate to someone else with no guarantee that there are not defects to the title, including liens. The owner is not even setting forth that she has an ownership interest in the property. The other alternative is what is known in Texas as a deed without warranty. This type of deed is not seen in most states. A deed without warranty sets forth that the person selling or otherwise transferring her ownership in property does have a real ownership interest in the property. However, she is not doing any title search or anything else to confirm that there are no liens or other people claiming ownership.
3. Obtain the deed form you desire to use form the registry of deeds' office in the county where the real estate is located. The registry of deeds' office typically is located in the county courthouse or county administrative services building.
4. Complete the deed form. You insert the name of the current owner, the name of the buyer (or person to take title to the real estate) and the legal description to the property. The registry of deeds can provide you the legal description of the property.
5. Sign the deed in front of a notary public. The current owner or owners sign the deed. Under Texas law, if the owner of the property is married, both spouses must sign the deed even if only one spouse is named as an owner on the records of the registry of deeds' office.
6. File the deed with with the registry of deeds.
Tags: real estate, registry deeds, deeds office, estate Texas, real estate Texas
