[TX] What are the next steps to transfer my home into a family trust after a notarize a quitclaim deed?

TX Real Estate Law

Barrister

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Both people need to be listed on the deed as the Grantors, transferring the property over to the trustees of the trust as the Grantees. (TX Prop § 5.022)
Once you sign the deed in front of a notary public, you would then take the deed in for recording at the county recorder’s office in the county where the property is located. (TX Prop § 12.001)
Once it is recorded, that completes the process to transfer the property into the trust, making the trust the legal owner of it. (TX Prop § 13.001)
Once you have the quit claim deed signed and notarized, you'll need to bring the original deed to the county recorder's office. (TX Civ Prac & Rem Code § 121.001)

It's also a good idea to bring a copy of the trust document, just in case they need to verify the details.

Texas Quit Claim Deed

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Yes, I want to transfer my house into our family trust. I have filled out the quit claim deed and will get it notarized. What do we do next? We are in the state of Texas.

Lexi, Chatbot

Understand that transferring your house into a family trust can be a complex process. Have you already consulted with your family trust attorney about the transfer?

Yes.

Lexi, Chatbot

Are there any specific concerns or issues you have regarding the transfer process in Texas?

Yes, what do I do once I have the quit claim deed signed by a notary?

Barrister

Hello and welcome! My name is Barrister, and I am a licensed attorney here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply, as I am typically working with several customers at once. I have read your post, and I am sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.

Are you the sole owner of the property on the deed?

My husband and I are. We do have a mortgage. We live in Travis County, in Austin, Texas.

What paperwork do I need to bring with me? I just used the online form to fill out the quit claim deed form, and it will be signed today in front of a notary.
Do I need the trust document? Do I need anything else?

Barrister

Both people need to be listed on the deed as the Grantors, transferring the property over to the trustees of the trust as the Grantees. (TX Prop § 5.022)
Once you sign the deed in front of a notary public, you would then take the deed in for recording at the county recorder’s office in the county where the property is located. (TX Prop § 12.001)
Once it is recorded, that completes the process to transfer the property into the trust, making the trust the legal owner of it. (TX Prop § 13.001)
Once you have the quit claim deed signed and notarized, you'll need to bring the original deed to the county recorder's office. (TX Civ Prac & Rem Code § 121.001)

It's also a good idea to bring a copy of the trust document, just in case they need to verify the details.

What do I bring if the house still has a mortgage on it?

Barrister

Nothing. It makes no difference that there's still a mortgage on the house.

Would we have a copy of the deed if there is still a mortgage on it?

Barrister

You should have received a copy of the deed when you purchased the property. Having the deed doesn't mean that the property is paid for because a mortgage is a completely separate document than a deed. If you don't have a copy of the deed, then you can get a copy from the recorder's office because it is a public record.

Ok, thanks.

Barrister

You are very welcome. Did you have any other questions about this situation I can help with? Glad I could help. It was my pleasure to work with you and help with your question. Have a great afternoon, and be safe! Barrister.

Barrister

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