Legal Question in Wills and Trusts in Texas
Live in Texas. Husband bought home two years ago after his divorce was finalized. I married him last year. Should he file a quitclaim deed to add me to the property? Mortgage and everything is currently in his name. I have been told that by being on the deed that I would avoid probate in the event of his death. Also, are there tax implications that go along with this? I don't know my rights when it comes to the property. I would like to know as I feel akward helping to pay for a house that may or may not be mine one day. I would like some peace of mind here and to know what the best route is moving forward.
1 Answer from Attorneys
A quitclaim will not avoid probate. It will just create a title problem in the future. My recommendation is that you both do your wills (with a law office, not DIY). Failing that, your husband may be able to retitle the property as joint tenancy with rights of survivorship, subject to the permission of the mortgage company.
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