How do I change the deed on my house after my spouse dies in Texas?

How do I change the deed on my house after my spouse dies in Texas?

Take the original deed — and the death certificate — to the deed recorder in the county where the property is located. Texas has provisions in place if the property is not held in joint tenancy, and the spouse left no will. Download a format for an Affidavit of Heirship from an Internet legal-form service.

Is a transfer on death deed a good idea?

If you’d like to avoid having your property going through the probate process, it’s a good idea to look into a transfer on death deed. The beneficiary will have no right to your property while you’re alive and, if you own your home jointly, the transfer on death deed does not apply until all the owners have died.

How do I get my ex name off mortgage?

You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner’s name from the property deed and the mortgage.

Does a quit claim deed hold up in court?

A quitclaim deed is a legal instrument that transfers the grantor’s legal interest in a piece of real property to another person (the grantee). If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.

Does a quitclaim deed release you from the mortgage?

Signing a quitclaim deed and giving up all rights to the property doesn’t release you from any financial obligations you may have. It only removes you from the title, not from the mortgage, and you are still responsible for making payments.