TX Affidavit Regarding Conveyance To An Entity

Date ________________

BEFORE ME, the undersigned authority, on this      day of             , 20      , personally appeared              , hereinafter called “individual”, an adult person who, being first duly sworn, said and deposed that the following statements are true and correct:

I, _______________, individual, currently reside at _________________________[physical address], and more fully described as follows: [legal description].

1.      Individual is married to _____________________.  Or (Individual is not married). 

2.      Individual conveyed to ____________________________ as grantee, hereinafter called “Entity”, the property located at [physical address], hereinafter called “the Property” and more fully described as follows: [legal description].

3.      The conveyance deed was executed on ______ day of ___________, 20__, and the conveyance deed is titled _______________.

4.      The name and address of the Entity Grantee is ____________________________________________________________________.

5.      The parcel being conveyed is not contiguous to the parcel upon which the individual currently resides.

6.      The parcel upon which the individual currently resides is not:

(A) located within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision; or

(B)  served by police protection, paid or volunteer fire protection, and at least

three of the following services provided by a municipality or under contract to a municipality:

(i)electric;

(ii)natural gas;

(iii)sewer;

(iv)storm sewer; or

(v)water;

7.      The individual or individual’s spouse owns a direct or indirect interest in the entity;

8.      The individual executed the deed conveying the parcel to the entity;

9.      The individual intends to vest title in the entity;

10.  There are no written or oral agreements regarding a defeasance of the parcel upon the passage of time or occurrence or non-occurrence of any event;

11.  The individual acknowledges that the individual will be estopped from claiming the conveyance to the entity is a sham or pretended sale, including a pretended sale under Section 50(c), Article XVI, Texas Constitution;

12.  The individual acknowledges that they will be estopped from claiming they had not abandoned homestead rights, if any, in the parcel by executing the deed;

13.  The individual understands that if the parcel is valued for ad valorem tax purposes as qualified open-space land, the entity must reapply in its own name by the applicable filing deadline;

14.  The individual has had an opportunity to review the affidavit prior to the affidavit ’s execution; and

15.  The individual consulted with an attorney before the affidavit ’s execution.

16.  This affidavit is made under penalties of perjury.

__________________________________
Signature of Individual

Sworn, executed, and subscribed by _________, individual affiant, before me_____________, notary on ____ day of ______________________, 2023

                                                                                                                             
                                                                     Notary Public, State of Texas

__________________________________
Signature of Spouse

Sworn, executed, and subscribed by _________, spouse of individual, before me __________, notary on ____ day of ______________________, 2023

                                                                                                                             
                                                                     Notary Public, State of Texas