Removing name from title in Texas

freeflyer

New Member
Jurisdiction
Texas
Hi

My domestic partner and I jointly purchased a single family home a few years ago to use as an investment property. We would like to set it up so that if I die, the property will automatically transfer to my daughter upon my death (whether or not my partner is still alive), bypassing probate. Currently both our names are on the title. My thought was to execute a quitclaim deed to put the title solely in my name, and also file a ladybird deed on the property so that it passes automatically upon my death. Is this a suitable way to achieve the goal?

Thanks
 
You don't "remove" a person's name from a deed. That person is the one to execute a quitclaim deed conveying ownership to you. That, of course, requires that person to consent to the conveying of ownership. Is your partner willing to do that? I imagine your partner has invested money into the property. How will you handle that? Do you have the money to buy out your partner's interest? What will you do if your partner doesn't want to give up their investment?

Once you have that issue resolved and you are the sole owner of the property you can use a "transfer on death" deed to leave the property to your daughter and avoid her having to probate the property.

Transfer on Death Deeds (TODD) | Texas Law Help
 
We would like to set it up so that if I die,

Mate, there is no IF you or I will die.

Every living thing, WILL die.

The only unknowns are HOW and WHEN.

Currently both our names are on the title. My thought was to execute a quitclaim deed to put the title solely in my name, and also file a ladybird deed on the property so that it passes automatically upon my death. Is this a suitable way to achieve the goal?

What you describe is how some people choose to do what you asked about.

As far as suitability, that's for you and your beloved to determine.

What happens IF you predeceased your beloved?

It might be better for each of you to contact an attorney or two.

Life and fate can become awfully cantankerous, giggling uncontrollably, as one or both of them throw curveballs and sabotage our best made plans!
 
You don't "remove" a person's name from a deed. That person is the one to execute a quitclaim deed conveying ownership to you. That, of course, requires that person to consent to the conveying of ownership. Is your partner willing to do that? I imagine your partner has invested money into the property. How will you handle that? Do you have the money to buy out your partner's interest? What will you do if your partner doesn't want to give up their investment?

Once you have that issue resolved and you are the sole owner of the property you can use a "transfer on death" deed to leave the property to your daughter and avoid her having to probate the property.

Transfer on Death Deeds (TODD) | Texas Law Help
Thanks for your reply. We have agreed on this arrangement and compensation has been made. It's just a matter of proper execution at this point.
 
Mate, there is no IF you or I will die.

Every living thing, WILL die.

The only unknowns are HOW and WHEN.



What you describe is how some people choose to do what you asked about.

As far as suitability, that's for you and your beloved to determine.

What happens IF you predeceased your beloved?

It might be better for each of you to contact an attorney or two.

Life and fate can become awfully cantankerous, giggling uncontrollably, as one or both of them throw curveballs and sabotage our best made plans!


Thank you. Correct, "when", not "if". Oops.
 
My domestic partner and I jointly purchased a single family home a few years ago to use as an investment property. We would like to set it up so that if I die, the property will automatically transfer to my daughter upon my death (whether or not my partner is still alive), bypassing probate.

First of all, you dying is a matter of when, not if. Second, as you've described this, upon your death, the entirety of the property will pass to your daughter, thereby divesting your "partner" of his/her interest. Is that what you intended? Or do you mean that you want your interest in the property to pass to your daughter such that your daughter will own the property jointly with your "partner"?

My thought was to execute a quitclaim deed to put the title solely in my name, and also file a ladybird deed on the property so that it passes automatically upon my death. Is this a suitable way to achieve the goal?

If your "partner" is agreeable to this plan, then yes, but doing this without an attorney is a recipe for expensive disputes later.
 
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