Q: Can a Quitclaim deed be used to take my husband's name off of our second home?
Eight years ago, my husband (now 80 years old) and I (71 years old) bought a second house for our adult daughter to live in. Her disabilities are getting worse and I now live with her to help. My husband lives in our original home a mile away. The increases in property taxes here in Tarrant County Texas have caused the house payments to become very difficult to maintain and I can't file an over-65 Homestead exemption because my husband's and my names are on both the houses. Would it be advisable to have my husband file a Quitclaim so only my name is on the deed? Is a lawyer required for this? Because of the pandemic, money is extremely tight and we are supporting 5 people. We cannot put our daughter's name on the house she lives in because of her problems.
A: A quit claim deed does not transfer title.
But a spouse can gift another spouse using either a General Warranty Deed or a Special Warranty Deed, depending on whether the underlying deed is a General Warranty Deed or a Special Warranty Deed.
You do need a lawyer to draft the deed and make sure that it is recorded in the county deed records. You may qualify for pro bono representation through Volunteer Legal Services or for the Modest Means program of Lawyer Referral Service.
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