Legal Question in Real Estate Law in Texas
Forms to leave a house to wife
My husband and I were both widowed. Married for l0 years. House was in his name only when we married. Is there a form that can be signed to make the house as much mine as his. It is still financed. Must this be done in a will or is there a simple way in case he became ill and i had to make some decisions.We are in our 60's
3 Answers from Attorneys
Re: Forms to leave a house to wife
In short, a husband ("H") and wife ("W") can co-own a house by a simple quitclaim deed, provided that they are willing transfer that ownership amongst themselves subject to any claims that other creditors may have against the property or the individual. For example, a quitclaim dividing property from 100% H to 50% H and 50% W would not be superior to the bank's interest in securing a prior loan, lien, or mortgage relating to the property and/or H.
Re: Forms to leave a house to wife
If you want an ownership interest in the house now, then the husband can use a special warranty deed to transfer one half of the ownership interest to you. Before you do that, you will need to get written permission from the bank (it's very simple).
Re: Forms to leave a house to wife
It is a relatively simple process for someone with experience; you would be wise to have an attorney assist you whenever you are dealing with assets this important to you.
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