Special Warranty Deed - Individual to Husband and Wife - Texas 2025

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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.
The simplest way to add a spouse to a deed is through a quitclaim deed. This type of deed transfers whatever ownership rights you have so that you and your spouse now become joint owners. No title search or complex transaction is necessary. The deed will list you as the grantor and you and your spouse as grantees.
A special warranty deed protects sellers from title claims or encumbrances prior to ownership, but buyers are responsible if any claims should arise. The best level of protection for a buyer is a general warranty deed and an owners title insurance policy. Lenders typically require a lenders title insurance policy.
A special warranty deed is a legal document that transfers ownership of real property from one person to another.
Cons: Fewer protections for buyers, who are now responsible for addressing any previous liens or claims for the property. Lenders and title companies may refuse to help buyers secure financing or title insurance for a property sold under special warranty.
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A special warranty deed is a type of real estate deed used to transfer property ownership from one person to another. By using this particular deed, the seller is guaranteeing to the buyer that there are no defects or problems with the property title during the time that they owned the property.
What are the disadvantages of a special warranty deed? The main disadvantages include limited protection for buyers, who may inherit claims or issues from before the sellers ownership. Buyers must investigate the propertys history, which could lead to unexpected costs or unresolved liens.
The process to add your spouse to your property title takes a few simple steps: New General Warranty Deed. Have a new General Warranty Deed prepared. Sign and notarize the deed. File the deed. Mail or take the original, signed and notarized, deed to the county clerks office for recording.

special warranty deed texas divorce form