Legal Question in Real Estate Law in Texas

Re: Real estate

If your spouse has bad credit, she may have been kept off in order to improve your rates. Also, if the house was owned prior to the marriage, it may have been considered your separate property. To answer your question, you can use a special warranty deed to transfer the property from yourself, to both you and your spouse. Please note, however, that your financial institution will need to grant you permission IN WRITING before you do this. Most deeds of trust have language in them allowing them to accelerate the mortgage if you transfer an interest in the property (this is called a "due on sale" clause.) You'll need a letter from the mortgage company stating that they will waive the due on sale if you transfer an interest from yourself to yourself and your spouse. A lawyer or title company should be able to handle all of this for you for a few hundred dollars.