Fill and Sign the Special Warranty Deed Individual to Husband and Wife Texas Form

© 2016 - U.S. Legal Forms, Inc.       TEXAS SPECIAL WARRANTY DEED [Individual to Husband and Wife/Two Individuals] Control Number: TX-087-78 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Texas, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Community Property - a form of joint ownership of property between married individuals. When a married co-owner dies their share goes to their heirs as provided in their will or the laws of intestacy. d. Community Property with the right of survivorship - a form of joint ownership of property between married individuals. When a married co- owner dies their share goes to the surviving spouse. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; community property or community property with the right of survivorship. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “as Tenants in Common ,” III. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Texas. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. SPECIAL WARRANTY DEED [Individual to Husband and Wife / Two Individuals] Date:       , 20       Grantor:       , Mailing Address: Street Address:       City/County/State/Zip:       Grantees:       , Mailing Address: Street Address:       City/County/State/Zip:             , Mailing Address: Street Address:       City/County/State/Zip:       Consideration:       $(       ) cash and other good and valuable consideration, the receipt of which is hereby acknowledged, and for which no lien, expressed or implied, is retained in this deed. Property (including any improvements) : See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Special Warranty Deed Page 1 of 2 Reservations from and Exceptions to Conveyance and Warranty: 1. This conveyance is made and accepted subject to all existing conditions, encumbrances, rights-of- way, easements, prescriptive rights, covenants and conditions, reservations or restrictions. 2. All presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances and other instruments, other than liens and conveyances, that affect the property; and 3. The following specific restrictions and reservations: None The following:       Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty listed, does grant, sell and convey to Grantees, husband and wife , as       , the above described property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantees, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor’s successors and assigns to warrant and forever defend all and singular the property to Grantees and Grantee's heirs, successors and assigns against every person lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, as set forth above, BY, THROUGH AND UNDER GRANTOR, BUT NOT OTHERWISE. IN WITNESS WHEREOF, the said       has executed this deed on the day and year indicated below. Signature of Grantor       Type/Print Name State of Texas , County of       This instrument was acknowledged before me on       (date) by       . Witness my hand and official seal. Special Warranty Deed Page 2 of 2 Signature of Notary Public NOTARY       SEAL Printed Name of Notary       Commission Expiration Date Special Warranty Deed Page 3 of 2 Exhibit A Grantor:       Grantees:             Legal Description:       Exhibit A