Legal Question in Real Estate Law in Texas

Deed

My father has sold me some land in Texas. He owned this land before he was married 15 years ago. Does his wife need to sign off on the deed transfer since it is not in her name?


Asked on 1/14/09, 3:13 pm

1 Answer from Attorneys

Kenneth Pitzner The Law Office of Kenneth R. Pitzner

Re: Deed

Not knowing what state your father and his spouse reside in, or any number of other circumstances which could raise the possibility of his spouse having some interest in the property, it would be prudent to simply have his spouse sign a quit claim deed granting any interest that she may have in the property to you if she is willing. This is one of the very few circumstances where a quit claim deed would be appropriate in Texas, as it should be used where the person signing the quitclaim probably doesn't have any real interest in the property, but is signing it as a way of making official that they do not claim any interest in the property, and transferring any interest they have to the Grantee of the quitclaim deed. Of course, your father should transfer the property to you via a warranty deed.

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Answered on 1/14/09, 9:14 pm


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