Legal Question in Real Estate Law in Texas

Re: Deed Signing

The seller/grantor is the party who signs the deed and not the buyer/grantee(although a grantee may sometimes sign where he is expressly assuming some special obligation).

The presumption in Texas is that property acquired during marriage is separate property even if acquired only in one spouse's name. However, this presumption can be overcome by (i) the deed recites that the property is being conveyed to you as your separate property, (ii) payments should be made only from your separate property funds, and (iii) purchase money mortgages should be re-paid with only your separate property funds. The term "separate property funds" does not mean money that you have earned in your name. Separate property funds are funds derived from gift, inheritance, a formal partition between you and your spouse, and certain earnings from separate property pursuant to a written agreement between you and your spouse which meets the requirement of Texas statutes.

Re: Deed Signing

CORRECTION: The presumption in Texas is that property acquired during marriage is COMMUNITY property even if acquired only in one spouse's name.