Special Warranty Deed After Divorce In Texas
Special Warranty Deeds are commonly used when property owners are divorcing or are divorced.
Since the parties both own the property, it is acceptable to use a Special Warranty Deed when one owner transfers his or her interest in the property to the other owner.
Good to know: In a divorce situation, it is recommended that you get a Special Warranty Deed signed as soon as possible. After the divorce, it may be difficult or impossible to get a deed signed by an ex-spouse.
If necessary, you can email the Special Warranty Deed to be signed anywhere, including another state or another country. The document can be emailed, printed, and signed in front of any notary anywhere.
In some cases, if the property was awarded to you in the divorce and your ex-spouse refuses to sign a deed or cannot be found, you may be able to file a certified copy of the divorce decree in the property records. The divorce decree may operate as a muniment of title.
Good to know: A deed, either a Special or General Warranty Deed, does not remove you or your ex-spouse from the mortgage or the Deed of Trust. Only the mortgage company can remove a person from the mortgage.
The deed will remove a person from ownership of the property, but it does not remove an owner from the debt known as the mortgage.
Good to know: Many people mistakenly think they need a Quit Claim Deed. Many mortgage companies suggest a Quit Claim Deed. Do not use a Quit Claim Deed in Texas. Use a Special Warranty Deed.
