There are many reasons why you might want to transfer a house title to another person, but there’s only one way to accomplish it: through a deed. The process of navigating property deeds and titles can be confusing, but with an experienced attorney working on your behalf, it doesn’t have to be. Here’s what you need to know about transferring a house title.
What Is a House Title?
A property or house title is a legal document that stipulates the owner (or owners) of a property. It’s essentially the physical proof that you hold giving you the right to use and occupy the property in question.
Most people only think about their house titles when purchasing or selling their homes. During the purchase process, a title company will do research to determine whether your title has any defects or if there are other parties who also have a title to your home. It’s possible, for example, that a family member of a previous owner has a claim to your home. As you can imagine, this type of situation can leave homeowners with a difficult legal battle on their hands.
In order to avoid this type of situation for your own future heirs, it’s important to ensure that the transfer of property ownership is done correctly.
Transferring a House Title With a Deed
The deed is the legal document used to transfer a property title from one party to another. It’s a physical, written document that needs to be recorded in your local courthouse or assessor’s office in order to be official, fully binding, and “perfected.” A property deed that is not filed property is referred to as imperfect.
You can transfer all of your interest in your property or a portion of it—perhaps you are a parent doing a title deed transfer for your house to your two children, in which case you may want to use a deed to give them each a 50 percent share.
For the house deed transfer, you’ll need the legal name of the grantee and a legal description of the property. If you have a mortgage on the property in question, you’ll need to pay it off before you transfer it—you cannot transfer mortgage payments by transferring your home’s title.
Why Hire a Real Estate Attorney to Transfer a House Title
In order to minimize the risk of title defects, it’s important to ensure that a property deed is written correctly and filed properly. The best way to do this is by hiring an experienced real estate attorney to take control of the process.
There are several different types of property deeds in Texas, so it’s important to understand each of them and choose the right one for your situation in order to avoid legal issues in the future. Because we work with deeds and titles every day as real estate attorneys, we have the expertise to make sure your property transfer is done correctly so you don’t have to worry about it.