In Texas, both names should be on the deed. BUT even if one spouse is listed it does not mean that the other spouse could be legal co-owner of the property. It could be community property in Texas.
There are a few, simple steps to take: Prepare a new deed: Have a new General Warranty Deed prepared that transfers the property from your old name to your new name. You will need the following details: Grantor: The Grantor named in the new deed should be your “prior name”, now known as your “new name”.
The process to add your spouse to your property title takes a few simple steps: New General Warranty Deed. Have a new General Warranty Deed prepared. Sign and notarize the deed. File the deed. Mail or take the original, signed and notarized, deed to the county clerk's office for recording.
In Texas, you record your deed with the County Clerk in the county where the property exists. If the property is in more than one county, record it in each. It is important to record your deed. In Texas, the property is legally transferred when the grantee accepts the signed deed.
Real Property documents may be filed and recorded with the Bexar County Clerk's Office in person or by mail. The original documents with original signatures are required for the recording. The County Clerk's Office will not record a copy. Recordings are completed immediately in the County Clerk's Office.
Deed/Lien Information To record it in person, bring the original Release to the Bexar County Clerk's Recordings Department at the Paul Elizondo Tower. To record it through the mail, send the original document to the Bexar County Clerk's Office in the Courthouse.
Joint tenancy with right of survivorship (JTWROS) This is often a common vesting for married couples, but it also applies to family members planning to own a property together.
Here is why tenancy by the entirety is often the best way to hold title for a married couple. From an asset protection standpoint, tenancy by the entirety provides some tremendous benefits.
Tenancy by the Entirety (TBE) Some depend on what your marital status is. For instance, if you're married, the most common way to title your home is Tenancy by the Entirety (TBE). That endows survivorship rights, some creditor protection, and allows for transfers only with the consent of both spouses.