Fill and Sign the Texas Husband Form

© 2017 - U.S. Legal Forms, Inc.       TEXAS GRANT DEED [Husband and Wife to Husband and Wife and Husband and Wife] Control Number: TX-0117-78 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. III. HOW THE GRANTEE(S) WILL HOLD TITLE TO THE PROPERTY: Tenancy in Common; Joint Tenancy with the right of survivorship; Community Property; Community Property with the Right of Survivorship In the State of Texas, real property can be held by more than one person (concurrent estates) in the following ways: A. If the Grantees ARE NOT married to each other, they can hold the property as: 1. Tenants in Common is 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” in legal rights but may differ in size. 2. Joint Tenants with the Right of Survivorship 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. B. If the Grantees ARE married to each other, they can hold the property as: 1. Tenants in Common – see above. 2. Joint Tenants with the Right of Survivorship – see above. 3. Community Property is a type of concurrent estate where all property acquired during the marriage, other than gift or inheritance, is considered to be community property. Community property carries no automatic right of survivorship. If Husband and Wife own their home as “pure” community property, they have created 50%-50% interests, but without a right of survivorship. Each may pass on his/her share (50%) of the home to whomever they name in their will. 4. Community Property with the Right of Survivorship is generally the same as Community Property above but with a significant difference. Adding the “right of survivorship” means that when one spouse dies, the other spouse will own the home outright (assuming proper filing is done) and receive a "stepped-up basis" for the entire home (if it has appreciated in value) for capital gains tax purposes. C. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with the Right of Survivorship; Community Property; Community Property with the Right of Survivorship. D. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ E. For example: “ Husband and Wife, as Tenants in Common ” “Grantees (2) as Community Property “ “Grantees (2) as Community Property with the right of survivorship “ 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. GRANT DEED [Husband and Wife to Husband and Wife and Husband and Wife] GRANTORS:       and       Husband and Wife, whose mailing address is:       (Street Address)       (City, County, State, Zip Code) GRANTEES:       and       Husband and Wife, whose mailing address is:       (Street Address)       (City, County, State, Zip Code) AND       and       Husband and Wife, whose mailing address is:       (Street Address)       (City, County, State, Zip Code) CONSIDERATION: $       (       Dollars ) 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 ADDRESS:       LEGAL DESCRIPTION:       Grant Deed Page 1 of 2 DERIVATION OF TITLE / PRIOR INSTRUMENT REFERENCE : This being the same property conveyed to Grantors by       , Deed dated       and recorded       (date) in the Office of the Recorder of Deeds for       County in Book       at Page       ( and Instrument N o.       ) . FOR THE CONSIDERATION STATED AND SUBJECT TO THE EXCEPTIONS TO CONVEYANCE AND WARRANTY , Grantors GRANT, SELL AND CONVEY unto       ,       ,       , and       , Grantees, as joint tenants with the right of survivorship , all that certain lot or parcel of land, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it. Grantors covenant with the Grantees that the property is clear of all liens and debts except those disclosed herein and that Grantors have the right and authority to sell the property. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance, however, is made and accepted subject to any validly existing encumbrances, conditions and restrictions, relating to the hereinabove described property as now reflected by the records of the County Clerk of       County, Texas. IN WITNESS WHEREOF, the Grantors have executed the above instrument on the day and yerar set forth below. DATE:       Date:       Grantor’s Signature)\ Grantor’s Signature             Print or Type Name Print or Type Name State of Texas , County of       This instrument was acknowledged before me on       (date) by       . Witness my hand and official seal. Signature of Notary Public NOTARY       Grant Deed Page 2 of 2 SEAL Printed Name of Notary       Commission Expiration Date Grant Deed Page 3 of 2 EXHIBIT A Grantor:             Grantees:                         Legal Description: Grant Deed Exhibit A