Fort Worth, TX asked in Family Law and Real Estate Law for Texas

Q: How to change house deed with only copy of quick deed claim?

Family member sued us years ago with result of us getting original quick claim deed but now they will not release to us. Need family member removed.

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2 Lawyer Answers
Anthony M. Avery
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Answered

A: Not sure of your question. But apparently you need a TX attorney to search title and draft a Quit Claim Deed. Having an original instrument after it is recorded is irrelevant except suing for a fraudulent execution. In worse case, a Quiet Title Suit may be necessary, so the Court can declare the title, which becomes the source of title when a certified copy of the Order is recorded. Alternatively, a Partition Action may be advisable.

Brooke Irey
Brooke Irey
Answered
  • San Antonio, TX
  • Licensed in Texas

A: Quit Claim deeds are not preferred in Texas, but you do have other options, depending on how you came to have possession/title to this real property. It would be wise to contact an attorney who can look at the specifics of your case to better advise you.

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