When a couple gets divorced in Texas, it's often necessary to include various documents as part of the divorce agreement. If the couple owns real estate together, a warranty deed can ensure that the spouse receiving the property in the divorce settlement can be sure of his ownership rights to it. Talk to a Texas divorce attorney if you need legal advice about using a warranty deed as part of a divorce.
When you get divorced in Texas, you and your spouse have to split up all the property you own. If you have an uncontested divorce, sometimes called an agreed divorce, you and your spouse come to an agreement about all the property issues and ask the court to turn your agreement into the court's order. If you cannot agree, you have to appear before the court and the court will divide your property for you.
A warranty deed is a document in which the seller of a property guarantees, or warrants, to the buyer that the seller is able to transfer valid title to the property. This means that the seller can buy the property without fear that the seller does not actually own the property or is otherwise unable to legally transfer it to the seller.
When a couple gets divorced, they have to split up all the property they own. Once divorced, the property will be either one spouse's or the others. Texas is what is known as a "community property" state, meaning each spouse is entitled to half of the property that both spouses own. Because each spouse has a property interest in the other spouse's property, the couple has to enure that the property is properly transferred to the recipient spouse to finalize the marriage.
General vs Special Warranty Deeds
Texas recognizes two kinds of warranty deeds: general and special. A special warranty deed is one in which the seller guarantees that he has personally not done anything that negatively affects his ability to sell the property, such as selling an interest to the property to someone else. A general warranty deed is the seller's guarantee that not only has he not personally done anything to affect his ability to transfer title, but he also guarantees that no prior owners have done so either.
Roger Thorne is an attorney who began freelance writing in 2003. He has written for publications ranging from "MotorHome" magazine to "Cruising World." Thorne specializes in writing for law firms, Web sites, and professionals. He has a Juris Doctor from the University of Kansas.