I need to remove my wife's name from the deeds of my house. Can she complete a quit deed or do I need to employ a solicitor?

Asked 10 months ago - Dallas, TX

My wife wants to remove her name. She has left the house and is claiming Housing Benefit.

Attorney answers (4)

  1. Cheryl Rivera Smith

    Contributor Level 20

    5

    Lawyers agree

    Answered . Mr. Miller has a good definition of a quit claim deed, but we don't use those in Texas. She will need to sign a Special Warranty Deed because title companies generally don't recognize quit claim deeds as conveying insurable title. Thus, you will not be able to sell, and provide title insurance, in the future without having your wife signing the proper form of deed. I have seen attorneys prepare this document for as little as $100 plus filing fee. You will want it done by a local attorney because it is much more costly to fix it later.

    Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature... more
  2. Gary T. MacInnis

    Contributor Level 13

    2

    Lawyers agree

    Answered . Hire a lawyer to prepare the deed. Quitclaim deeds are currently in disfavor in Texas. Your lawyer will probably choose a warranty deed or a special warranty deed.

    No lawyer-client relationship exists. This answer is intended for discussion purposes only. You must obtain legal... more
  3. Aaron Christopher Lee

    Contributor Level 5

    1

    Lawyer agrees

    Answered . A quit claim deed had no effect on transferring title to a real property in Texas. You will need to see an attorney to have a deed drafted. Also even if she is not on title to the property if this is your marital property in which she resided, then it is marital community property and thus she will have interest in the property. In order to clearly determine the ownership status, you will need to speak with a Texas attorney.

  4. Robert Miller

    Contributor Level 17

    1

    Lawyer agrees

    Answered . A quitclaim deed would convey any interest she has and she would have no remaining interest in the house. This may or may not have an impact on any benefits she might be receiving and consultation with any interested agency and or local counsel would be recommended before taking any action.
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    Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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