This form is to be used in conjunction with the Agreement to Convert Separate Property to Community Property, form 63-8 in this manual.
Community Interest Special Warranty Deed
Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver’s license number.
The Property has been converted from separate property to community property pursuant to an Agreement to Convert Separate Property to Community Property dated of even date herewith.
Date:
Grantor: [Name of party A]
Grantor’s Mailing Address: [include county]
Grantee: [Name of party A] and [name of party B], a married couple
Grantee’s Mailing Address: [include county]
Consideration: None
Property (including any improvements): [property description]
Exceptions to Conveyance and Warranty:
This deed is subject to all easements, restrictions, conditions, covenants, and other instruments of record.
This instrument changes separate property to community property. This may have adverse consequences during marriage and on termination of the marriage by death or divorce. For example:
Exposure to creditors. If you sign this agreement, all or part of the separate property being converted to community property may become subject to the liabilities of your spouse. If you do not sign this agreement, your separate property is generally not subject to the liabilities of your spouse unless you are personally liable under another rule of law.
Loss of management rights. If you sign this agreement, all or part of the separate property being converted to community property may become subject to either the joint management, control, and disposition of you and your spouse or the sole management, control, and disposition of your spouse alone. In that event, you will lose your management rights over the property. If you do not sign this agreement, you will generally retain those rights.
Loss of property ownership. If you sign this agreement and your marriage is subsequently terminated by the death of either spouse or by divorce, all or part of the separate property being converted to community property may become the sole property of your spouse or your spouse’s heirs. If you do not sign this agreement, you generally cannot be deprived of ownership of your separate property on termination of your marriage, whether by death or divorce.
Grantor, for the consideration, grants, gives, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any way belonging, with the intent that the property be converted to community property, to have and to hold it to Grantee and Grantee’s heirs, executors, administrators, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise.
When the context requires, singular nouns and pronouns include the plural.
[Name of party A]
[Name of party B]
This instrument was prepared based on information furnished by the parties, and no independent title search has been made.
State of Texas)
County of)
This instrument was acknowledged before me on ________________________ by [name of party A].
Notary Public, State of Texas
State of Texas)
County of)
This instrument was acknowledged before me on ________________________ by [name of party B].
Notary Public, State of Texas