Does my spouse need to sign the Warranty Deed in Texas?

[Jason Jones]

I am selling a small piece of vacant land that is in my name but I purchased it while married to my spouse. I am now selling it and wondering if my wife needs to be on and sign the deed that will be conveyed. The property is in Texas and we live in Texas. I greatly appreciate any feedback or insights.

[Josh James]

Did you or she ever reside on the property, or claim it as a homestead? If you answered yes to either of those conditions, then she probably needs to sign. 

Did you use it solely for investment purposes? Was the property deeded to you as separate property? If you answered yes to either or both of the previous two questions, she may not need to sign, but it would still be better for her to sign. Her signature in this situation is good form. 

In the event that you do not need your wife to sign, you should be able to factually prove your answers to those questions. An affidavit should suffice. 

May I ask why you do not want her to sign?