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.
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.
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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
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.