LandInvestors.com Forums **Ask A Question** TX Deed? | Deceased 1st wife, but remarried with prenuptial agreement

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    Darald (@AggieLand)
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    Post count: 172

    Hi Everyone,

    Wanted to get some opinions on this and I know there aren’t any lawyers in the group (that I’m aware of).

    Here are the basics, and these properties are in Texas: Husband acquired several properties while married to wife1, she is deceased and he’s willing to provide a copy of the death certificate. I’ve yet to get copies of the vesting deeds, so I am not yet sure if wife1 is named in them or not.

    Husband is now remarried to wife2, but states that wife2 would not need to sign deeds due to them having a prenuptial agreement that (in his words state what’s his is his and what’s hers is hers prior to their marriage.

    Go with the opinions!

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  • Darald (@AggieLand)
    Participant
    Post count: 172
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    Update: Just found the vesting deed from 1997, Husband is only person listed, if that helps any. These are <$500 lots that I’ll likely list for $1500-2000.

    Blake Jones
    Participant
    Post count: 56
    Pro

    If husband is the only one on the deed then you shouldn’t have any trouble with him only deeding the property to you (no need for present wife to sign). That’s a general principle though. I’ve only done one deed in TX so I’m no expert. Here’s an example though of why you need to know what you’re doing. In Florida there is a homestead law (basically saying a married person has to have the spouse sign off on any sale of real estate if it is his/her homestead). So on Florida deeds there is the homestead exemption clause that states the property is not the grantor’s homestead. Without that clause you can’t get a title policy in FL. As long as TX doesn’t have something similar (and I doubt they do) you should be fine. Here’s a final thought. Sign up with Rocket Lawyer – you can pay a one time fee for something like $50 to ask one question to a lawyer, or you can sign up for $40 a month and cancel after the first month. Either way – ask a Texas real estate attorney. It’s pretty cheap to get a more expert opinion than just blog advice. Then record your deeds and sell them properties and make some $! Good luck!

    Blake Jones
    Participant
    Post count: 56
    Pro

    I should say forum advice (not blog advice). lol

    Darald (@AggieLand)
    Participant
    Post count: 172
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    @blake thanks for the reply.

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