If the parties are unrelated (not husband and wife), then one can deed her interest in the property to the other with a warranty deed. The quit-claim deed is practically useless, since a later sale will often involve contacting that party and having them sign a warranty deed anyway.
If the parties are married, then the process is not so simple because of the spouse always has homestead rights that must be extinguished and must have the debt released. This may seem somewhat odd, but because Texas is a community property state, automatically the spouse owns half of properties purchased (whether aware or not) and owes half the debt. "Half" is merely a device to demonstrate that the spouses have an undivided interest in the property besides being severally liable for the mortgage.
A wife who resides in a home and then the home is sold has the right to contest the sale if it is her homestead; the same is true for the husband if the roles are reversed.
The bottom line is that you should consult a real estate attorney to understand more fully and make an informed decision.
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You'd think your question is a simple one but as you can see, it's not as simple as it might seem. There are too many variables that might change the answers to your questions (I saw the other posting). Quit Claim deeds are legal in Texas but every title company I know of, doesn't like them for the sale of the property (at a later date) and will require the other party's signature at the closing.
To accomplish your goal, a title company is your best place to start. They have real estate attorneys in-house or on contract and most will assist you. Alternatively, a real estate attorney is another option.
If you're still having problems finding someone to help you, email or call me and I'll put you in touch with a great title company. There is a fee for their services.
You need contact title company after review will determine how remove the person from the title. Does the person who wants to be removed have "ownership in the property" are there any agreements signed, or liens on the property .
Title company does charge for their services in order complete the process.
No professional can render an opinion for paperwork and facts are not furnished . Title company are experts who can render an opinion provide you course of action to take.
Both parties will need to go into title company in order sign all documents. Proof of ID will be required in order sign all required documents transfer the title to one person.
Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
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