Home Buying in Dallas>Question Details

schaub-tim, Home Owner in Dallas County, TX

If I Quit Caim my deed 100 percent to my wife do I still retain any rights??

Asked by schaub-tim, Dallas County, TX Mon Nov 19, 2012

My wife sold her house to me prior to us getting married. I know I am 100 percent liable to the note. I had a severe accident and almost died last year. We have been married now seven years. Do I still retain any rights to the house if I quit claim deed it 100 percent? Thanks

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Hi! Schaub-Tim

Quit Claim deeds are not acknowledged in the chain of title. If you are married by Texas Law she is half owner but if you would like her to be on title I recommend you contact a Title Company or a Real Estate Attorney to draw up a Warranty Deed and give her half interest (since you have a note with you name on it). The cost will be $125-$250 depending on Attorney once signed have them record Warranty Deed in your county. Please remember if anything happens to you or your wife with no Testament or Will this does protect you from it. I would highly recommend a Will to be drafted as well as a protection for both of you. I don't know your history or hers but if you have been married before have children from previous marriage it can get a litte challenging if anything happens to either of you with no WILL. I hope this information helps I used to be an Escrow Officer for 17 years I have seen situations that can be disappointing if you aren't prepared.
2 votes Thank Flag Link Mon Nov 19, 2012
Ownership and rights are not always clear-cut, especially when spouses are involved.
Without talking about your situation in particular, property acquired prior to marriage is usually separate property and the debt to acquire it is a separate debt.
But, when a married couple live in a property, the spouse can acquire homestead rights even without paying a cent on the mortgage or having a name on the deed. In addition, the separate property can become marital (community) property if the other spouse has been paying on the mortgage, for example, or using community funds to take care of the property. It's complicated. An attorney can discuss your particular situation with you.
As to the mortgage note, that is completely separate from the deed. Even if a person deeds over a property to someone else, unless the mortgage is re-written or replaced putting the new owner as solely responsible for payment, the note is still an obligation of the original person(s) who signed it. Deeding over a property might get rid of the title, but not the obligation to pay, especially if the new owner fails to pay.

A Quit-Claim Deed is not backed up by an assurance of the deeding party that he has any interest at all in the property. I can quit-claim my interest in your property (which there is none), but it doesn't mean much.
Sometimes a person wants to deed the property over, but retain the right to live there while they're alive. This is called a life estate.
The warranty deed says the deeding party warrants they own it or they have an ownership interest and are conveying that interest to the new owner. In addition they promise to stand behind that statement of ownership and won't later say they didn't really have the right to deed the property.
Because the Quit-Claim doesn't necessarily convey any rights at all, title insurance companies don't like them and often refuse to recognize them.
A Warranty deed is what they want so they can insure the title for the new owner. Again, ask your attorney how to convey the ownership rights you want to your spouse, and ask how to keep whatever rights you're looking for. But also ask about the obligations of the Note.
Web Reference: http://www.SumnerRealty.com
1 vote Thank Flag Link Mon Nov 19, 2012
Probably no rights retained, but that isn’t the rest of the question. Make sure when you speak with the attorney they understand WHY you want to quit claim the title.

Jim Simms
NMLS # 6395
Financing Kentucky One Home at a Time
Web Reference: http://jamessimms.com/
1 vote Thank Flag Link Mon Nov 19, 2012
Hi Schaub,

I agreed with the other two agents that you will need to check with a Title Company.

But if you obtained the house prior getting married then it should still be your personal property. But again, please check with a Title company on that

JP and Associate
1 vote Thank Flag Link Mon Nov 19, 2012

Kenneth is right. As Realtors, we are prohibited from giving legal advice. Some agents may attempt to give you an answer, but your questions is best answered by an attorney. I recommend that you contact a local title company and ask to speak to one of their title agents, or the title attorney. When she sold the house to you, did you happen to use a title company? If so, contact them.

By the way, today and tomorrow are quite busy given the holidays. Monday may be a better day to actually get someone to listen to your situation and be able to give you a qualified answer.

Brent Rice, Top Recommended Broker
The Rice Group, Inc.
Website: http://www.ricegroupinc.com
1 vote Thank Flag Link Mon Nov 19, 2012
You need to talk with a Real Estate Attorney or title company.

Good luck.

Turtle Creek Realty
1 vote Thank Flag Link Mon Nov 19, 2012
Get an attorney as someone suggested. Any other information you read here is a guess which could cost you dearly.
0 votes Thank Flag Link Wed Nov 21, 2012
You have asked a question in regard to your legal rights. Since yours is a question of law, you need to ask an expert…an attorney…if you want to get an answer that you can rely on.
0 votes Thank Flag Link Wed Nov 21, 2012
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