Are quick claim deeds legal in the state of Texas? My brother in law is trying to get us to sign a paper saying that we have no interest in his property. He wants us to sign this paper without any attorneys involved and I do not trust him. I think he is trying to get a loan against the home he is living in (there was no will left by the parents so this is why things are being handled this way) Please all you lawyers in Texas please educate me. And by the way ... can an individual acquire a warranty deed or special warranty deed by themselves or do have to go through court when there is no will.
2006-11-28 14:08:44 · 6 answers · asked by JOELLEMICHELLE 2 in Business & Finance ➔ Renting & Real Estate
A quit claim deed is legal in Texas. It's purpose is to simply say "I quit claiming any ownership in this property."
If there was no will, but the parents' intent was to give the house to your brother in law, and your husband agrees that this was his parent's intent, then there should be no problem in signing. If instead, your husband expects to get half the property, then don't sign.
2006-11-28 17:22:47 · answer #1 · answered by teran_realtor 7 · 0⤊ 1⤋
The estate must go through probate court so I don't see what his angle is, it isn't valid if your hubby is not on the deed/title and only a court hearing could legally do that.
Maybe it has already been through probate court and your hubby owns part of the home. If you sign the document, you are signing away your ownership.
Ask him why he wants you to sign it? He should have to buy his brother out - pay him for his share.
Your husband is the actual owner, being married does not make you part owner. Probate estates are given only to the blood relatives and are not considered "community property" or joint property by marriage.
Unless you want to give the bro your share of the home...Don't sign it and contact a lawyer or the court to see what's up with the probate estate.
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2006-11-28 14:56:33 · answer #2 · answered by MN-Mike 4 · 0⤊ 0⤋
Quick Claim Deed is legal in Texas. Don't sign anything! Get a lawyer. It sounds like the property will be tied-up in probate before any single person can take title.
2006-11-28 14:38:38 · answer #3 · answered by Rick 1 · 0⤊ 0⤋
It is QUIT CLAIM not quick. See a lawyer something is not right here.
2006-11-29 02:01:43 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Your brother could buy you out by refinancing if you could come to an agreement. Let me know if I can help.
Best Regards,
Anthony
2006-11-28 16:34:39 · answer #5 · answered by lowermydebtnow.com 2 · 0⤊ 1⤋
iono tired
2006-11-28 14:10:54 · answer #6 · answered by Anonymous · 0⤊ 2⤋