About Scott Killian www.SaveWithScott.com Expertise Texas Residential Real Estate needs in Tarrant County and the Mid-Cities area. Questions should involve buying or selling a home. Do you have a question about how your home is being marketed? How it is in the MLS? How is the price? How is the competition? Buying a home, what do I need to do to get started? How do I get pre-approved? Can you show me houses? Do I specialize in your area? How many homes has my agent sold before? Questions along this line are good things to ask. If you have a deed question or legal question, these type of questions need to be addressed to a real estate lawyer. I would be happy to recommend one if you like by just giving me a call at 817-703-1165.
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Education/Credentials Real Estate Broker. Bachelors degree, E-Pro, recognized by Channel 8, Texas Realtors Magazine, TLC Moving Up Show, and many clients in this area.
Awards and Honors Presidential Sales Cup for 5 years. Please visit www.SaveWithScott.com to see more about my experience.
Expert: Scott Killian www.SaveWithScott.com Date: 2/20/2008 Subject: Warranty Deed vs. Deed of Trust (Texas)
Question QUESTION: My husband and I purchased a home January 2005. We used only his name because it was easier. Since I have learned that when I try to take care of any problem I get the response that my name is not on the papers.
So, we refinanced our home February 2007 in order to put both our names on the property. Here is the problem I now do not understand.
The first purchase of the house was as a Warranty Deed. Which still shows up on the county search for owner of the property as my husband.
The second, refinance mortgage, was a Deed of Trust. I am told that I am still not considered an owner, just someone that is on the mortgage now. What it the world does that mean? Am I considered an owner as much as my husband or what?
Thanks for your response.
ANSWER: The good news is that you are in TX which is a community property state so what is his is also yours. I hope you did not refinance just to do this as that would have been really expensive. If you have additional concerns, I would recommend you speak to a title company lawyer.
Scott
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QUESTION: Actually we got a better interest rate, but the main purpose was to have both our names on the property.
We are getting requests to lease our mineral rights to a gas/oil company and they keep sending the requests to only my husband and wanting him to sign. If we agree and do sign with this company wouldn't we both have to sign?
Answer The mineral rights are kind of another issue. The gas companies are just looking at the tax rolls and probably your husbands name is the only one there. You could explain to the gas company that you want both your names on the check. However, I would just be happy you are getting contacted by the gas company because there is a real good chance that you do not have the mineral rights. If you read there agreement in detail it will say something about further review of a mineral title search. I, personally would cash there check put it towards your mortgage and be happy.
