Legal Question in Real Estate Law in Texas

Texas Deeds Needed to Transfer Home Following Divorce

My divorce in Texas is final. As part of the settlement, my now former spouse is deeding his interest in our home to me. Our home has a mortgage for which I would not qualify on my own but which I can afford the current payments. Does my spouse have to sign a Special Warranty Deed, a Deed of Trust to Secure Assumption, and/or any other document to completely transfer his interest to me? Can I use the Law Guru Special Warranty Deed? Thank you very much


Asked on 4/24/08, 1:54 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Texas Deeds Needed to Transfer Home Following Divorce

It would be better for him to deed his undivided 1/2 interest using a general warranty deed so title insurance coverage for his interest will transfer. I haven't seen the Law Guru form, but an attorney should only charge about $100 to prepare one for you. Be sure to file it in the County Clerk's office after he signs before a notary.

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Answered on 4/24/08, 2:42 pm


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