You can use a Texas quitclaim deed form to transfer your ownership and interest in a property you’re selling or gifting.
Using a quitclaim deed form is a faster way of transferring property without going through the entire title exploration process.
This property transfer method is well suited for property transfer to a trust or between family members.
Because of Texas’ unique laws on quitclaim deed forms, home buyers may be better protected by using other types of deeds.
A quitclaim deed differs from a warranty deed. A warranty deed will give assurance that there is no issue with the property title.
Whereas, a quitclaim deed form merely transfers whatever interest the owner has in the property to another person.
Texas Quitclaim Deed Laws and Requirements
To be valid, Texas quitclaim deeds must meet certain specifications.
Laws
A quitclaim deed form in Texas, like every deed in the state, must comply with the legal requirements contained in the Texas Property Code regarding the recordation, legal description, formatting, signature and acknowledgment, and so forth.
A unique feature of the Texas quitclaim deed is the Texas Property Code § 13.001(b) provision. This section provides that an unrecorded instrument is binding on a subsequent purchaser who does not pay valuable consideration for the property.
Because of the risk that a quitclaim deed form may be subject to an existing unrecorded interest, title insurance companies in the state are often reluctant to deal with them.
Legal Description
The legal description of the property must adequately identify the property. The legal description may reference a recorded prior deed in a Texas quitclaim deed.
The description can also be by metes and bounds (boundaries established by natural landmarks) or by lot and block.
Signing
In Texas, according to Texas Property Code § 12.001, the property owner (grantor) must sign the quitclaim deed form in the presence of two (2) or more witnesses or before a notary public. The grantee does not need to sign.
Acknowledgment
Acknowledgment is a statement affirming that a person acted of their free will. A quitclaim deed form must be acknowledged in the presence of a notary public per Texas Property Code § 12.001.
Terminology
The granting clause in a Texas quitclaim deed form typically uses the word “quitclaim” or an equivalent phrase like “remise, release, and quitclaim.”.
Transfer Tax
Texas has no transfer tax and therefore it is not required.
Additional Documents
You don’t need any additional documents or legal forms. A duly completed, signed and notarized quitclaim deed form is all you need to transfer the grantor’s interest in the property to the grantee.
Witnesses
Per Texas Property Code § 12.001, at least two (2) witnesses or a notary public must be present during the signing of the quitclaim deed by the grantor.
Recording
You need to record the completed and notarized quitclaim deed form. Per Texas Property Code § 11.001, submit the deed to the Recorder’s Office in the County Court Clerk’s Office where the property is located.
You will likely need to pay a filing fee determined by the County Clerk.
How to Write & File a Quitclaim Deed in Texas
Step 1 – Obtain Quitclaim Deed Form
Download the TX quitclaim deed form.
Step 2 – Enter Preparer’s Details
Add the name and address of the person preparing the form. Under this, add the name and address of the person who will receive the form after the County Clerk’s Office is finished recording.
This is usually the grantee (buyer) but can be anyone.
Step 3 – Fill in Grantor’s Information
Write the full name and mailing address (including city, county, and state) of the grantor and the grantee.
Step 4 – Note Consideration
After “in consideration of the sum of” write the dollar amount paid for the property, if any, in words and in numerical value.
Step 5 – Write Property County
Add the county where the property is located, followed by its full legal description, which is available from the Texas Public Records department or the prior deed.
Step 6 – Get Quitclaim Deed Notarized
The grantor must sign the form in the presence of at least two (2) witnesses or a notary public. Notarization may be preferred or required by certain County Clerk’s Office.
Step 7 – File Your Texas Quitclaim Deed
File the form with the appropriate County Clerk’s Office. This is in the county where the property is located. Pay the county’s recording or filing fees.
Sample Texas Quitclaim Deed
Below is an example of what a Texas Quitclaim Deed looks like.
Texas Quitclaim Deed
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