Property Deed Transfers
Whether you are hoping to transfer a deed to a child or sell a home with a complicated deed history, working with an attorney who knows real estate law is imperative. We focus exclusively on litigating and resolving issues surrounding real estate transactions and we know and understand the laws involved along with the policies of title companies.
There are 4 typical types of deeds that transfer title in TX that give someone ownership of a property.
General Warranty Deeds
allows Texas property owners to transfer real estate with a full warranty of title. A person who signs a warranty deed guarantees that he or she owns the property and has the right to convey clear title to the new owner. The warranty of title provided by a Texas warranty deed extends to all prior owners, not just the owner who signs the deed to transfer the property.
Special Warranty Deeds
are simply a declaration by the owner that they are relinquishing whatever type of ownership they had over the property. This is not exactly on the level of an actual deed, but it can lead to a proper deed with work by a titling company and some filing at your county clerk’s office.
This type of deed only implies that the title is free of encumbrances from the time it was owned by the previous owner. The owner makes no claims about the time before she owned the property and it is only declared clear for a “special” amount of time, not a “general” amount of time.
Special Warranty Deeds
are simply a declaration by the owner that they are relinquishing whatever type of ownership they had over the property. This is not exactly on the level of an actual deed, but it can lead to a proper deed with work by a titling company and some filing at your county clerk’s office.
This type of deed only implies that the title is free of encumbrances from the time it was owned by the previous owner. The owner makes no claims about the time before she owned the property and it is only declared clear for a “special” amount of time, not a “general” amount of time.
Deeds Without Warranty
make no claims at all about whether there are problems with the chain of title for the ownership of the property. Obviously, this is not a preferred type of ownership.
Quitclaim Deeds
are simply a declaration by the owner that they are relinquishing whatever type of ownership they had over the property. This is not exactly on the level of an actual deed, but it can lead to a proper deed with work by a title company and some filing at your county clerk’s office.
Quitclaim Deeds
are simply a declaration by the owner that they are relinquishing whatever type of ownership they had over the property. This is not exactly on the level of an actual deed, but it can lead to a proper deed with work by a title company and some filing at your county clerk’s office.
No matter the type of deed or claim on your property, we work with you to sort out which laws are applicable to your unique situation.
Estate Planning Transfers
We work with TX estate laws and previous planning documents associated with inheritance, wills, trusts, and transfer on death documents to make the process easy and smooth for you and any other parties involved. These types of deeds are not actual “deeds”, but deed transfers.
A Transfer on Death “Deed” is a legal document that allows a property to pass directly to your heir(s) upon death. This type of arrangement also avoids probate and you retain ownership completely while living.
We also understand that often an owner will want to give partial or full ownership of the property to a family member before their death. We specialize in the types of “deeds” that are possible in this type of planning.
A Life Estate “Deed” allows owners to continue living in the property, but gives actual ownership to the new party. With a life estate deed transfer, you give up ownership but retain the right to live in a property for yourself. This type of arrangement can open you up to many legal problems that we fully advise you of before making a decision.
Right of Survivorship is a legal designation that can help your estate avoid probate, but involves co-owning the property with your heir while living. This type of arrangement is also problematic due to liability issues. However, the property does immediately transfer ownership upon your death.
Post-Divorce-Related Deed Transfers
We have worked with and understand the difficult issues surrounding the transfer of property in a divorce. We work with you and any other attorneys or parties involved to obtain the best outcome for you.
Often, in a divorce proceeding, the court will declare the ownership of the property in the settlement. At that point, there remains the filing of new documents necessary to assume deeds of exclusive ownership.
If there are any disputes or splits in ownership that must be negotiated, we work to properly define your ownership and take the steps necessary to legally transfer the ownership of property in whatever way the divorce proceedings have worded the legal papers.
Deed Transfers
Because the transfer of deeds is a complicated legal process, it is always best to consult us before signing any papers or seeing a notary. Many types of legal documents are available online, but often consumers are short-sighted when buying legal support documents without understanding the full array of property transfer options in TX.
Some of the laws regarding property transfer are new and potentially advantageous to your situation. Because we focus our practice on real estate issues, we stay on top of the latest developments in real estate law. You can trust that we have answers to your questions and recommendations based in the law of our great state.