quit claim deed in Texas

[CIA]

What is the name of your state (only U.S. law)? TEXAS

Is a quit claim deed applicable to only those who are no longer legally married? i.e the divorce has been finalized?

Can it be used by a couple still legally married BUT both wish to sell the house AND neither one has filed for divorce yet?

 

[latigo]

What is the name of your state (only U.S. law)? TEXAS

Is a quit claim deed [sic] applicable to only those who are no longer legally married? i.e the divorce has been finalized?

Can it be used by a couple still legally married BUT both wish to sell the house AND neither one has filed for divorce yet?

(Please note that quitclaim is one word, not two.)

Anyhow, instead of making legal assumptions why don't you just state what it is that you and wife would like to accomplish with respect to the house. I'll forewarn you however, that family courts are very circumspect when reviewing and asked to approve inter-spousal transactions where the wife is divesting herself of her interest in marital property.

I don't know what you have in mind, but if you are contemplating having your wife quitclaim the house over to you and you want it to stick, then you better see that she has the advice of independent legal counsel beforehand. And her lawyer's approval in writing!

 

[adjusterjack]

Wait, are you talking about one of them quitclaiming his or her interest to the other or are you talking about using one for the sale of the property to somebody else?

If the former, it shouldn't be necessary because they can put the house up for sale, both sign all the papers and split the proceeds when it is sold.

If the latter, it's unlikely that any buyer would accept one. Warranty deeds are preferred.

 

[CIA]

yes. my ex wants to remove her name from the title but we haven't filed yet. We will after selling the property first, but she wants no involvement in the selling process. So she wants to hand over rights to me, so that I can sell it. But will still split any profits.

 

[adjusterjack]

yes. my ex wants to remove her name from the title but we haven't filed yet. We will after selling the property first, but she wants no involvement in the selling process. So she wants to hand over rights to me, so that I can sell it. But will still split any profits.

If that's what she wants to do then a quitclaim deed will do the trick.

 

[LdiJ]

If that's what she wants to do then a quitclaim deed will do the trick.

However a Power of Attorney will work equally well. That is what we used when I refinanced our home into just my name and he wanted nothing to do with the process.

 

[CIA]

one realtor told me because we are still married and not divorced yet and neither one of us has filed for divorce, the quitclaim or POA won't work.
I am waiting on 2nd relator this morning and see what she says.
Ex is in CA I am in TX

 

[adjusterjack]

one realtor told me because we are still married and not divorced yet and neither one of us has filed for divorce, the quitclaim or POA won't work.
I am waiting on 2nd relator this morning and see what she says.
Ex is in CA I am in TX

That might or might not be true but I wouldn't trust anything any realtor says without verifying it with your own attorney.

 

[LdiJ]

one realtor told me because we are still married and not divorced yet and neither one of us has filed for divorce, the quitclaim or POA won't work.
I am waiting on 2nd relator this morning and see what she says.
Ex is in CA I am in TX

An attorney or someone from a title company is likely to know much more about that than a realtor would.

 

[justalayman]

yes. my ex wants to remove her name from the title but we haven't filed yet. We will after selling the property first, but she wants no involvement in the selling process. So she wants to hand over rights to me, so that I can sell it. But will still split any profits.

She needs to have no more involvement in a sale as she would with signing a deed. Either way all she has to do is sign her name.

A poa could be problematic since you are the beneficiary of the actions you are undertaking. Any transfer could be problematic if she later argues you somehow took advantage of her. A title transfer now could cause more problems than it's worth. Even if she signed a deed she would likely have to sign another deed at closing. A spouses interest is an odd animal. It accrues continually. The minute she signs the deed and relinquished her interest, being married she starts to gains rights in the property. Additionally Texas is a community property state. That throws a entirely new level of complexity to the situation.

The cleanest method would be to sell the place with title as it is and have the closing agent write equal checks to each of you.

Regardless of any actions you consider, you should take heed of latigo's advice. This is not a simple situation.

 

[latigo]

However a Power of Attrney [sic] will work equally well. That is what we used when I refinanced our home into just my name and he wanted nothing to do with the process.

No, a Special Power of Attorney would not work equally well or be as convenient as a QCD.

Not if you take into consideration that it would duplicate the process in that it would need to describe the subject property with certainty (same as the QCD); comply with local law and be recorded in no less than in the county where the subject property is situated (same as a the QCD).

(I would be most interested in learning how you were able to "refinance our home into just my name" with one document; to-wit: A "work equally well" grant of power of attorney from your husband.)