Houston, TX asked in Estate Planning and Real Estate Law for Texas

Q: Can I add my daughter as owner of my home in Texas with out her being on the mortgage?

1 Lawyer Answer
Ross F. Tew
Ross F. Tew
Answered
  • Estate Planning Lawyer
  • Arlington, TX
  • Licensed in Texas

A: When you say you want to add her as an owner I wonder what you are trying to accomplish. If this is a way to give her the house once you have passed, you can do so in a Will, with a transfer on death deed, or with a deed reserving an enhanced life estate for yourself, commonly called a ladybird deed. A typical mortgage will include a provision that if you deed the property to someone else without paying off the mortgage, you have defaulted on the mortgage and it can be foreclosed. You definitely need to sit down with an attorney and explain what you wish to accomplish so he or she can help you analyze your options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.