DEED QUESTION - Posted by Jack,TX

Posted by David Krulac on February 14, 2002 at 19:42:07:

you can put anything in the deed, the real question would be is it legal and enforceable.

  1. if you are thinking of divorce, then you shouldn’t buy the property with your spouse. Buy it yourself, it will save you lots of headache and heartaches later.

  2. what you are trying to do is a subdivision, in most areas of the country USA, you need subdivision approval from mutiple government and quasi governmental agencies in order to do a subdivision.
    On the last plan that I did we needed 4 different level of government approval and about a dozen different government agencies and needed permits for driveways, septics, well, stream crossings, wet land crossings BEFORE the subdivision was approved. In addition we needed historic approval as well as endagered species approval. goood luck.

David Krulac

DEED QUESTION - Posted by Jack,TX

Posted by Jack,TX on February 14, 2002 at 17:47:41:

My wife and I are about to pay off a ballon payment on
land. Before the title company write the deed , my wife and I would ike to write a stipulation in the deed statting that she will take half of the land and I take another half.
Each of us has the right to sell, to hold ,to dispose of
regardless if we stay married or in case of divorce, without the other party’s permission or involvement and the profit goes to the party who sell, in case of selling.

Is this possible ?
Is this possible even if we get divorced in the future?
The land is 150 acres
Please help!

Re: DEED QUESTION - Posted by Bud Branstetter

Posted by Bud Branstetter on February 15, 2002 at 21:47:38:


If you are paying off a balloon payment the title company will be preparing a release of lien not a deed.

To be able to subdivide the land legally you would have to have had a survey done and each parcel have a separate deed. If to do not do this each will own an undivided half interest in the whole 150 acre parcel.

subdivide with a grant deed??? - Posted by Lloyd Cook, Los Angeles

Posted by Lloyd Cook, Los Angeles on February 14, 2002 at 19:44:54:

You are trying to subdivide land with a grant deed. I see you are from Texas and I am sure they have regulations on how any land is divided. If you do go ahead with your plan and eventually try and build a home with permits, you may just find out you have created a mess. I suggest you do some investigation in the local county the land is in before going forward.