Please Help...Daughter is in preperation for divorace. Husband has freely agreed to sign a warranty deed for their home here in texas. From two attorneys..."Warranty Deed" the other says "Special Warranty Deed" Now it seems daughter has paid so much consulting attorneys she has none left to pay high fee to have this drawn up by an attorney.They want money up front for this and she simply doesnt have it right now, and wont for about a month. We have two weeks to have this signed by him and I can draw it up myself in order to help her. I at one time worked for attorney in California but know nothing of Texas law and cant find anything that would help me to draw whichever deed is necessary for my daughter. Can somebody please help me with this.
All input is much appreciated.
Marty

I suggest you contact your county land registry office. Warranty Deeds are a matter of public record. They can either provide you with a precedent to follow or you can obtain a copy of someone elses Warranty Deed to help you.

If your daughter and son-in-law are both on title then the transfer is from daughter and son-in-law to daughter alone.

You should also consider whether the son-in-law can simply quit claim his interest.

Other considerations, will this trigger a due on sale provision in the mortgage (if one exists)?

Make sure you use the same legal description (word for word) found on the current title deed.

Use and independant witness not connected to either party.

Steve @ www.buyingahouseandsavingmoney.com

Steve First Let me Say that I sincerely appreciate your help.
More detail is this

Son in law is out of country. My daughter will file for divorace when he returns. Her attorney told her that if she wants to keep the house best thing to do is to do have him sign a warranty deed before she files for the divorace. Give up any claim to the home or it's equity etc. to ensure it does not become part of the shared property.

She has a full general power of attorney right now that he gave her before he left. But attorney say that this is not secure enough for her to keep the house from him and she doesnt want to use it for this.

So he said he will sign a warranty deed or whatever is necessary to make it all good for her now.

There is still a mortgage on the home and very little equity in it.

You say that the deed with lien shows both son in law and daughter.
So are you saying that the warranty deed should show...Daughter and Son in Law as Grantee's to Daughter.
Is that correct.

The due on sale thing is apparantly a clause that might be in the sales contract by mortgage company. Is that correct and I should check their contracts before we proceed.

Independent witness couldnt that just be the notary that my son in law will use when he signs the warranty deed? Or should there also be a witness in addition to the notary.
Again thank you

Son-in-law and daughter are Grantors transfering to the daughter (Grantee).

I agree, daughter should not use Power of Attorney to effect transfer - this could create a great deal of problems later if the husband decides to get nasty.

Due on Sale - will be a term in the mortgage. You should contact the lender and explain the circumstances of the transfer. Most financial institutions would not consider this kind of transaction as being of the sort to trigger a due on sale provision but you should check anyway.

Independant Witness - yes the Notary the husband chooses to use is fine.

Good luck to you and your daughter.

Steve @ www.buyingahouseandsavingmoney.com