[TX] [TX] How many quitclaim deeds have to be filed when there are two grantors?
Hello. My husband and his brother own the same house that was deeded to them by their father. My husband and I are now married and planning to buy out my brother-in-law’s half. Which deed should I file? A quitclaim deed (one or two of them?), or should I use a warranty deed? Which do you recommend?
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You only need one deed, from your brother-in-law and your husband (the grantors) to you and your husband (the grantees). If his wife is not on the title, she doesn't have to sign the deed.
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Hello. My husband and his brother own the same house that was deeded to them by their father. My husband and I are now married and planning to buy out my brother-in-law’s half. Which deed should I file? A quitclaim deed (one or two of them?), or should I use a warranty deed? Which do you recommend?
Lexi, Chatbot
I understand your situation. Have you and your husband discussed how you want to hold the title to the property after buying out his brother?
Yes, my husband and I will be holding title.
Lexi, Chatbot
Are there any specific terms or conditions that need to be included in the deed regarding the buyout?
Not really. We are paying him cash for his share in a separate purchase-sale contract, and he is deeding the house to us—me and my husband.
Lexi, Chatbot
Is there anything else the Real Estate Lawyer should know?
Sure, I just have a question about which deed the attorney recommends I file.
Bruce
Welcome. I am the attorney who will be assisting you. My name is Bruce, and I’ve been practicing law for over 40 years.
Let’s clarify your question:
- Either deed will result in a transfer of ownership.
- A warranty deed provides a guarantee that the title is clear.
- A quitclaim deed provides no such guarantee—it simply transfers any interest the grantor has in the property.
My husband and my brother-in-law were deeded their parents’ house when they were single. Now both are married. My husband and I are buying out my brother-in-law with cash. We want to transfer the deed over to us both. Do I need to file two quitclaim deeds for each grantor? Or can I name both grantors in the same quitclaim deed?
Bruce
You only need one deed, from your brother-in-law and your husband (the grantors) to you and your husband (the grantees). If his wife is not on the title, she doesn't have to sign the deed.
Bruce
Summary of What We Covered:
- A quitclaim deed does not guarantee clear title—unlike a warranty deed.
- A quitclaim deed is suitable for family transactions such as this.
- A title search is recommended to check for any liens or encumbrances on the property.
- Only one quitclaim deed is needed—listing both grantors and both grantees.
Next Steps:
- Conduct a title search at the county office to verify title status.
- Prepare a single quitclaim deed:
- Grantors: your husband and his brother.
- Grantees: you and your husband.
- Record the deed at the Fannin County Probate or Recorder's Office.
Bruce
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