If you want to take your name off a deed in Texas because of divorce or change in personal circumstances, use a conveyance deed to transfer your interest in the property to the other owners listed on the deed.
It's not unusual for two or more people to own property together. Couples often take title to their home together, and multiple siblings may inherit family property together. Following a divorce or other change in personal circumstance, you may want to remove your name from a property deed.
Read More: How to Get a Deed on Property in Texas
Validity of Deeds
In Texas, a deed is a legal document establishing title to real property. It sets out the title conveyed as well as the guarantees about title that the seller is making to the buyer.
In order for a deed to be valid under Texas law, it must meet five legal requirements. The deed must be a written document, be signed by the seller, contain the name of the buyer, include the legal property description and be delivered and accepted by the buyer.
Types of Conveyance Deeds in Texas
The types of deeds most commonly used in Texas for residential real estate are general warranty deeds. When a seller provides a general warranty deed, he guarantees that the title he is conveying is without defect. This includes defects created not only during the time he held the deed but at any time before that.
Quitclaim deeds are also permitted under Texas law. When a person uses a quitclaim deed, she conveys 100 percent of the interest she has in a property. However, she does not guarantee what that interest is.
In order for a deed to be enforceable against third parties in Texas, it must be recorded in the county clerk's office in the county where the real estate is located.
Removing a Name From House Deeds in Texas
Before you begin, take the time to be sure whose names are listed on the deed. If you have a copy of the deed, inspect it carefully or look in the public records Texas Land Records and Deeds Search website. All Texas counties are listed alphabetically, along with information about how to contact the court clerk or to search an online database for deeds.
Look at the names of the current owners. If your name is there and you wish to remove your name from the deed, you grant your interest to the remaining owner or owners.
Consider a Quitclaim Deed
You can use any type of conveyance deed valid in Texas to transfer your interest in the title. However, a quitclaim is quickest and easiest. The fact that quitclaim deeds carry no guarantee of the title conveyed can pose a risk to the buyer in some cases. But here, you are conveying title to other people already on title so this would not a big issue.
Once you execute a quitclaim deed, record it at the county clerk's office to be sure it will be enforceable under Texas law. Keep a copy for your own files.
Read More: Rules for Quitclaim Deeds in Texas
- The Farah Law Firm: Deeds in Texas
- Public Records: Texas Land Records and Deeds Directory
- Roberts Legal Firm: About Deeds in Texas
- Legal Beagle: Rules for Quitclaim Deeds in Texas
- Legal Beagle: How to Get a Deed on Property in Texas
- Legal Beagle: The Definition of a Special Warranty Deed and Deed of Trust in Texas
- Legal Beagle: How to Get a Quitclaim Deed Form for Free in Texas
Teo Spengler earned a J.D. from U.C. Berkeley's Boalt Hall. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. She holds both an M.A. and an M.F.A in creative writing and enjoys writing legal blogs and articles. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Spengler splits her time between the French Basque Country and Northern California.