Real Estate Deed Transfers & Property Agreements

Dickey Law Group provides deed transfer and property agreement services in The Woodlands, Texas, including warranty deeds, quitclaim deeds, trust funding transfers, transfer-on-death deeds, premarital agreements, and cohabitation agreements. Deed transfers from $500–$1,500. Property agreements from $1,500–$3,000. Bilingual (English/Spanish) services available. Free consultations.

Whether you're transferring property into a trust, adding a spouse to a deed, or putting a cohabitation agreement in place, getting the paperwork right matters. A mistake on a deed can cloud title for years — and cost thousands to fix. At Dickey Law Group, we handle real estate transfers and property agreements for families across The Woodlands and Montgomery County.

Our firm drafts deeds, records them with the county clerk, and prepares property agreements that hold up in court. We don't do title insurance or closings — we focus on the legal documents that protect your ownership rights.

Schedule a Free Consultation(832) 521-4414

Why Deed Transfers Need an Attorney

Texas is a community property state, which means how you hold title to real estate has major consequences for your estate plan, your taxes, and your family. A deed isn't just a form — it's a legal instrument that changes ownership.

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Wrong deed type can trigger gift taxes. Transferring property to a family member with the wrong deed can create an unintended taxable gift. The IRS doesn't care that you didn't mean to.
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Homestead protections can be lost. Texas offers some of the strongest homestead protections in the country. But if you transfer your home incorrectly — say, into the wrong type of trust — you can lose those protections.
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Title defects are expensive to fix. A deed with the wrong legal description, a missing spouse's signature, or an incorrect grantee name can cloud your title. Clearing that up often requires a quiet title action in court.
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Community property rules complicate transfers. If you're married, your spouse likely has a community property interest in your home — even if only your name is on the deed. Both spouses usually need to sign.

A $500 deed done right saves you a $5,000 title problem later.

Our Real Estate Services

Real Estate Deed Transfers

We prepare and record deeds for property transfers between family members, spouses, trusts, and LLCs. Every deed we draft includes the correct legal description pulled from county records, proper granting language, and all required signatures.

Common deed transfers we handle:

  • ◆Adding or removing a spouse from a deed after marriage or divorce
  • ◆Transferring property between family members
  • ◆Moving property from individual ownership into an LLC
  • ◆Correcting errors on existing deeds (correction deeds)
  • ◆Life estate deeds that let you keep your home while naming who gets it after you

Typical cost: $500–$1,500 per deed, depending on complexity. Most straightforward transfers are on the lower end.

Trust Funding (Property Transfers into Trusts)

A trust only works if your property is actually in it. We see this problem all the time — someone pays an attorney $4,000 for a trust, but nobody transfers the house into it. When they pass away, the family still has to go through probate for the home.

When you set up a trust-based estate plan with Dickey Law Group, deed transfers are included in your package price. We prepare the deed, record it with Montgomery County (or whichever county your property is in), and confirm the transfer is complete.

If you already have a trust from another attorney and need your property transferred into it, we can handle that as a standalone service.

Cost: Included in trust-based estate plan packages ($3,000–$6,000). Standalone trust funding: $500–$1,500 per deed.

Transfer-on-Death Deeds

Texas has allowed transfer-on-death deeds (TODDs) since September 2015 under Texas Estates Code Chapter 114. A TODD lets you name a beneficiary for your real property — similar to a "payable on death" designation on a bank account. When you pass away, the property transfers to your named beneficiary without probate.

Key things to know about TODDs in Texas:

  • ◆You can revoke or change the beneficiary at any time during your life
  • ◆The beneficiary has no ownership interest until you pass away
  • ◆The deed must be recorded in the county where the property is located before the owner's death
  • ◆They don't protect against creditor claims the way a trust does
  • ◆They're a good option for people who want to avoid probate for a single property but don't need a full trust

A TODD isn't right for every situation. If you own multiple properties or need broader estate planning, a trust is usually the better choice. We'll walk you through the pros and cons.

Cohabitation Agreements

Texas doesn't recognize common-law marriage automatically — but if you and your partner present yourselves as married, Texas courts might. A cohabitation agreement spells out who owns what, how expenses are shared, and what happens to property if the relationship ends.

These agreements are especially important when:

  • ◆One partner owns the home and the other moves in
  • ◆You're buying property together without being married
  • ◆One partner is contributing to mortgage payments on the other's property
  • ◆You want to keep finances separate while living together

Without a written agreement, disputes over property can end up in court — and Texas courts don't have the same framework for unmarried couples that family courts have for divorcing spouses.

Typical cost: $1,500–$3,000.

Premarital Agreements (Prenups)

A premarital agreement — commonly called a prenup — lets you and your future spouse decide how property will be handled during and after marriage. In Texas, this is governed by the Texas Uniform Premarital Agreement Act (Family Code Chapter 4).

Prenups aren't just for wealthy couples. They're practical when:

  • ◆One or both spouses own real estate before marriage
  • ◆One spouse has significant debt (student loans, business debt)
  • ◆You have children from a prior marriage and want to protect their inheritance
  • ◆One spouse owns a business
  • ◆You want to define what counts as separate property vs. community property

For a prenup to hold up in Texas, both parties must sign voluntarily with full financial disclosure. We recommend that each party has their own attorney review the agreement.

Typical cost: $1,500–$3,000.

Separate Property Agreements

Already married? Texas law allows spouses to agree in writing that certain property — which would otherwise be community property — is the separate property of one spouse. This is called a partition or exchange agreement under Texas Family Code Section 4.102.

These agreements are useful when:

  • ◆One spouse receives an inheritance and wants to keep it separate
  • ◆You're buying investment property and want it in one spouse's name only
  • ◆One spouse is starting a business and both parties want to limit liability exposure
  • ◆You want to convert community property to separate property for estate planning purposes

Like prenups, these agreements must be voluntary and in writing. We draft them to meet Texas requirements so they hold up if ever challenged.

Typical cost: $1,500–$3,000.

Which Deed Type Is Right for You?

Texas recognizes several types of deeds, each with different levels of protection for the buyer or recipient. Here's a quick comparison.

Deed TypeProtection LevelBest For
General Warranty DeedHighest — grantor guarantees clear title against all claims, past and presentSales between unrelated parties, standard real estate closings
Special Warranty DeedModerate — grantor only guarantees against claims during their ownershipCommercial transactions, transfers from estates or trusts
Quitclaim DeedNone — transfers whatever interest the grantor has, with no guaranteesTransfers between spouses, family members, or into your own trust
Life Estate DeedVaries — owner keeps the right to live in the home for lifeParents who want to pass a home to children while keeping the right to live there
Transfer-on-Death DeedRevocable — beneficiary has no interest until owner's deathAvoiding probate for a single property without creating a trust

Not sure which deed type fits your situation? We'll tell you — and explain why — during your free consultation.

Texas Property Law: What You Should Know

Texas property law has several features that set it apart from other states. Understanding these basics can help you make better decisions about your real estate.

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Community Property State. Property acquired during marriage is presumed to be community property — owned equally by both spouses — regardless of whose name is on the title. This affects deed transfers, divorce settlements, and estate planning.
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Homestead Protection. Texas Constitution Article XVI protects your homestead from most creditors (except mortgage lenders, tax liens, and mechanic's liens). This protection can be lost if you transfer your home improperly.
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Transfer-on-Death Deeds. Since 2015, Texas Estates Code Chapter 114 allows property owners to name a beneficiary who receives the property at death — without probate. The deed is revocable at any time.
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No State Income Tax or Estate Tax. Texas doesn't have a state income tax or estate tax. But federal gift tax rules still apply to property transfers, so the way you structure a deed matters.

Many deed transfers are part of a broader estate plan. If you're considering a trust or need to update your will, we can handle everything together.

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Bilingual Real Estate Services (English & Spanish)

Attorney Mireya Dickey handles real estate transfers and property agreements in Spanish for clients who prefer to discuss legal matters in their native language. This isn't just document translation — it's full legal counsel in Spanish, from the initial consultation through deed recording.

Real estate documents are technical. Terms like "grantor," "grantee," "life estate," and "community property" don't always translate neatly. We make sure you understand every word before you sign.

No other firm in The Woodlands offers bilingual real estate legal services at this level.

Frequently Asked Questions

Attorney fees for a deed transfer typically range from $500 to $1,500, depending on the complexity. On top of that, Montgomery County charges recording fees (usually $20–$50 for a standard deed). If the transfer is part of a trust-based estate plan with Dickey Law Group, deed transfers are included in the package price. We provide a fixed quote before starting any work.
A warranty deed includes a guarantee from the seller that the title is clear — meaning no liens, encumbrances, or competing claims exist. If a title problem shows up later, the seller is legally responsible. A quitclaim deed transfers whatever interest the grantor has — which could be full ownership or nothing at all — with zero guarantees. Quitclaim deeds are fine for transfers between spouses or into your own trust, but you'd never want to accept one from a stranger.
Yes. This is one of the most common deed transfers we handle. If you owned the home before marriage, it's your separate property — but you can add your spouse via a new deed. Be aware that this could change the property's character from separate to community property, which has implications for divorce and estate planning. We'll explain the tax and ownership consequences before you sign anything.
A transfer-on-death deed (TODD) lets you name someone who'll receive your property when you die — without going through probate. Texas has allowed these since 2015. You keep full ownership and control during your lifetime, and you can revoke the deed whenever you want. TODDs work well for people with a single property who want a simple probate-avoidance tool. They're not ideal if you own multiple properties, need creditor protection, or have a complicated family situation. In those cases, a revocable trust is usually the better option.
It depends on your situation, but it's worth considering. Without a prenup, any property you own before marriage stays your separate property under Texas law — but the income from that property during marriage could be community property. If your spouse contributes to mortgage payments, renovations, or property taxes, they may also have a claim. A premarital agreement removes the guesswork and puts both parties' expectations in writing before the wedding.

Official Texas Real Estate Resources

These official resources can help you understand Texas property law. For personalized guidance on your situation, schedule a free consultation.

Areas We Serve

We serve The Woodlands and surrounding communities in Montgomery and Harris counties.

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Ready to Transfer Property or Draft an Agreement?

Contact Dickey Law Group to schedule your free consultation. We'll review your situation, explain your options, and give you a fixed quote — no surprises.

Hablamos español. / We speak Spanish.

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