[TX] [TX] Can I use a quitclaim deed to add my husband to my property without making him the owner?
I want to add my husband to my personal property and was told that I could do a quitclaim. After reviewing the form, it looks like I am signing the entire property over to him and that is NOT what I want to do. I just want to add him to the deed so that it is in both our names.
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So legally speaking, you are NOT making him the owner. In Texas, you cannot legally "backdate" a deed to make it look like the transfer happened earlier than it actually did. The deed has to show the true date it is signed and notarized.
Now, to add your husband to the deed without giving up your ownership, you would both sign a new deed that shows you are creating a joint tenancy with right of survivorship. In Texas, joint tenancy needs specific wording in the deed to make it clear that's what you want (TX Est Code § 111.001).
A basic quitclaim deed form usually won't do this properly unless it's customized. Instead, you should use a General Warranty Deed with Right of Survivorship Agreement or a Special Warranty Deed, depending on your comfort level, and add specific language like:
"Grantor hereby conveys the Property to Grantor and [Husband's Full Name], as joint tenants with right of survivorship, and not as tenants in common."
The above language would comply with Texas law regarding survivorship agreements (TX Est Code § 112.051). Since your property sits across Caldwell and Bastrop Counties, you'll need to be really clear in the legal description section of the deed. You can usually get a description from the current deed.
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I want to add my husband to my personal property and was told that I could do a quitclaim. After reviewing the form, it looks like I am signing the entire property over to him and that is NOT what I want to do. I just want to add him to the deed so that it is in both our names.
Lexi, Chatbot
I understand your concern. Have you already discussed this with your husband and agreed on how you both want the ownership to be structured?
Yes.
Lexi, Chatbot
Are you looking to add your husband to the deed as a joint tenant with rights of survivorship, tenants in common, or in another way?
Joint tenant with right of survivorship.
Lexi, Chatbot
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with adding your husband as a joint tenant with right of survivorship.
I've had the property in my name for several years and would like to know if I can back date the transfer.
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law.
You're adding him to your real estate, correct?
Yes sir.
Legal Eagle
Ok thank you so much for including that! What state is this in?
Texas.
Legal Eagle
Ok I've got what you're getting at here! Were there any other facts you'd like to add before I answered your question? Also, I really appreciate you using AskaLawyer — it means a lot to be able to help. Let’s make this a smooth session for you, and you can add me as a favorite after we're done.
I was gifted this property (that includes two counties) back in 2021 and I would like to try and back date the transfer if possible.
The counties are Caldwell and Bastrop. We have our home on the Caldwell county side.
Legal Eagle
So legally speaking, you are NOT making him the owner. In Texas, you cannot legally "backdate" a deed to make it look like the transfer happened earlier than it actually did. The deed has to show the true date it is signed and notarized.
Now, to add your husband to the deed without giving up your ownership, you would both sign a new deed that shows you are creating a joint tenancy with right of survivorship. In Texas, joint tenancy needs specific wording in the deed to make it clear that's what you want (TX Est Code § 111.001).
A basic quitclaim deed form usually won't do this properly unless it's customized. Instead, you should use a General Warranty Deed with Right of Survivorship Agreement or a Special Warranty Deed, depending on your comfort level, and add specific language like:
"Grantor hereby conveys the Property to Grantor and [Husband's Full Name], as joint tenants with right of survivorship, and not as tenants in common."
The above language would comply with Texas law regarding survivorship agreements (TX Est Code § 112.051). Since your property sits across Caldwell and Bastrop Counties, you'll need to be really clear in the legal description section of the deed. You can usually get a description from the current deed.
Can this be done manually or do I need to have a lawyer draw it up?
Legal Eagle
Sure thing! You can do it yourself, BUT I recommend hiring a lawyer for peace of mind. Try contractscounsel.com. It's a site where you have the chance to post a job for free, then lawyers will bid on the jobs and you get to choose which lawyer and negotiate the price for the job as well.
Perfect, thank you so much for your help.
Legal Eagle
For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help!
Yes and yes.
Legal Eagle
You bet. I'm sorry to hear about your situation! Thank you for trusting AskaLawyer with your question.
Legal Eagle
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