Q: How to change name on property deed after remarriage in Texas without a death certificate.
I recently remarried, and I want to update the deed to my property to reflect my new last name and add my new husband's name. My previous husband is no longer present, and there are legal challenges in obtaining a death certificate. How can I proceed with changing the name on the deed under these circumstances?
A:
If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in your to yourself in your new name before a notary public.
While it is not legally necessary to do so because you are, after all, the same person, that will change the official legal ownership records into your new name.
I strongly recommend not adding your new husband's name unless it is your intent to make a gift to him of 50% of the property. It is in your best interest to maintain your separate property in your sole name.
A:
If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in yourold name as it appears on the deed to yourself in your new name before a notary public.
While it is not legally necessary to do so because you are, after all, the same person, that will change the official legal ownership records into your new name.
I strongly recommend not adding your new husband's name unless it is your intent to make a gift to him of 50% of the property. It is in your best interest to maintain your separate property in your sole name.
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