Can you deed someone off a part of land, if the land it is tied in with a mortgage?

UPDATED: Apr 20, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 20, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you deed someone off a part of land, if the land it is tied in with a mortgage?

Have 16 acres in TX that my partner and I purchased in 1993 (both of us are listed on land title and home). After property was paid off, we used 8 acres (collateral) to build a house. We are currently separated and have mutually decided he would keep the house and an acre, and I can keep the rest. However the house and acre appraised for only 18.5% over payoff and in order to refinance in his name only, we needed it to be 25% over. So we have to wait a year or so to try again. We are going to deed him off the 8 acres not tied into the mortgage loan for me to start living on. Can we deed him off all 15 acres even though 7 acres will be still tied in with the loan? That way if he refinances or decides to sell the house and acre, and the 7 acres is released from the current mortgage contract it will already be in my name only. I am aware that if he was to lose the house (foreclosure) that the additional 7 acres would be lost to me as well. The reason for needing the whole 15 acres sectioned out, is due to our timber exemption (have to have a min of ten acres to keep)

Asked on April 20, 2011 under Real Estate Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The legality and logistics off all of this is best asked to an attorney in your area who can look at the pluses and minuses and the requirements of both the timber exemption and of the refinancing.  Also, you should each have a lawyer to discuss this with and to come to a written agreement as to the matter, as agreements regarding real property that are not made in writing violate what is known as the statute of frauds.  If you are both informed as to your rights and your liabilities and you still agree to do with the property as you discussed here then that is your choice.  The law does not interfere in a contract that has been negotiated openly and freely between the parties.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption