General Warranty Deed - Husband and Wife to Husband and Wife with Reserved Life Estates - Texas 2025

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Can you get a home loan without your spouse? You can purchase a home and be the only person financially obligated. Your name can be the only person on the loan. However in Texas, your spouse will still be required to sign the security instrument at closing because Texas is a community property state.
When buying a house as a married couple, its generally advisable for both names to be on the deed. Here are some key reasons why: Ownership Rights: Having both names on the deed establishes legal ownership for both partners. This can prevent disputes in the event of a separation or divorce.
A deed with a reserved life estate is used when you wish to both pass your real property to someone upon your death and also protect the property from nursing-home liens. This document may also make it possible for you to live in and maintain control of the property until your death.
By default, under the Texas Constitution, a married couple is assumed to own real property purchased during the marriage as community property without rights of survivorship. This makes them tenants in common, each owning one-half separately, rather than joint owners with rights of survivorship.
Good to know: The General Warranty Deed conveys full rights of ownership to the buyer and provides the buyer with the most protection. It guarantees an unbroken chain of title for at least the last 25 years.
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If the couple acquired as community property, they are joint owners and both must sign at closing. If they occupy the property then they also have to both sign because it is their homestead. Some owners will offer their prenuptial agreement for justification for why their spouse is not required to sign.

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