Filing quit-claim deed

[jentkb]

State: TX

My husband will be signing a quit-claim deed, giving me sole ownership in the house. We would like to avoid the cost of lawyers as this is not a divorce or other law-related matter. However, he is currently working in a different state and we intend to file the deed before I see him again. Can he, as the first party, sign and notarize the deed and mail it to me, whereby I will sign and notarize the deed and file it with the county? Also, do I need to use an official form, or can I draw up my own using the language below?

Thanks .

THIS QUITCLAIM DEED, executed this _______ day of ______________ (month) _________ (year), by _________________________________________ the first party, whose post office address is ______________________________________ and the second party, whose post office address is ________________________________.



WITNESSETH, that the said first party, for good consideration and for the sum of

___________ Dollars ($___________) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of _______________________________ State of ____________________, to wit:





IN WITNESS WHEREOF, the said first party has signed and sealed these presents the

day and year first above written.



Signed, sealed and delivered in the presence of:





__________________________________ ________________________________

(Witness) (First Party)





___________________________________ ________________________________

(Witness) (Second Party)



STATE OF _______________________ COUNTY OF ____________________



On _____________ (month & day), _______ (year) before me, _________________, personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to within this instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.



WITNESS my hand and official seal.



____________________________________

(Signature)



Affiance ____ Known ____ Unknown

[Ohiogal]

Contact your local title company. Most title companies will make write a deed properly for less than $100 -- I know some that charge $40 and that includes the conveyance forms and such. Writing a deed can be difficult depending on what the property is and what is being done as well as the reasoning behind it. They can also tell you what fees other than the deed itself will be required by the county agencies.

[pojo2]

Might want to make sure that what ever you are trying to avoid with the home will indeed be legally avoided even after the quit claim.