How to File a Quitclaim Deed in Texas

Transferring property in Texas can be straightforward and efficient when you file a quitclaim deed. Whether you’re handling a family property transaction or resolving title issues, read on to discover the steps involved in preparing and filing a quitclaim deed so you remain in compliance with state law.

Step 1: Obtain the Deed

You will need to reference the current deed of the house to prove your ownership and transfer the title to the new owners. If you don’t have the deed, you can check with the county clerk’s office in the county where the property resides.

Step 2: Find a Legal Description of the Property

While there are no specific requirements surrounding the legal description of property within a deed, all property descriptions should be specific and unique for proper identification.

Here are various ways you can locate the legal description:

• Property Deed: State law requires property deeds to include a clear description of the land. The legal description will be either inside the document or attached separately as an exhibit.
• Other documents: Mortgage or real estate transaction documents, Texas property tax documents.
• Online: Some counties provide online mapping tools you can use to find land parcels and their legal description. Visit the official county government website for accurate information and contact the county clerk’s office for more details.

Step 3: Gather All Necessary Information

You will need to know the personal information of the grantees, such as their full legal names and mailing addresses. If you don’t include the complete mailing addresses of grantees on the quitclaim deed, you may be subject to penalty fines (Tex. Prop. Code § 11.003).

You should also discuss how much money, if any, the grantee will give in exchange for the property. Additionally, iron out details like whether you, as the grantor, can enter, use, or own the property for a specific timeframe or until death.

Step 4: Consider Legal Assistance

A property lawyer can help you understand legal jargon like common property types listed in a quitclaim deed and ensure the deed contains the correct information for state and local requirements.

Reaching out to a lawyer is particularly important in Texas due to a specific section in its property code, which holds that unrecorded title transfers in the past are legally binding for subsequent purchasers. To ensure that the property transfer is done correctly, consult with an attorney to verify that a quitclaim deed is useful for your particular situation.

Step 5: Complete the Quitclaim Form

Using a template or the help of an attorney, fill out all necessary information accurately and to the best of your ability. Necessary information includes:

• Your legal name and address as grantor
• Their legal name(s) and address(es) as the grantee(s)
• The amount of money the grantee will exchange in the transfer (if any)
• The state and county of the property
• A legal description of the property with unique identifiers
• Property type, like if the grantee will have sole ownership or rent to tenants
• Any exceptions that allow the grantor to use the property
• Whether the property is the grantor’s main homestead
• Whether there’s a transfer tax, which is not required in Texas

Step 6: Sign in Front of Witnesses or a Notary

You must sign a quitclaim deed in front of either two witnesses or a notary for it to be legally binding (Tex. Prop. Code § 12.001). The witnesses or notary must also sign the document. The grantee does not need to sign their name.

Step 7: File the Form

You must file the quitclaim deed at the Texas county clerk’s office for the county in which the property sits. Once the clerk receives it, they must record the form within a reasonable amount of time, give you a receipt, and keep it indexed with the proper records. Otherwise, you may be able to file for damages (Tex. Prop. Code § 11.004).

Step 8: Provide the Deed to the Grantee

Provide the deed to the grantee so they can prove their property ownership. Moving forward, they can use this document to transfer other responsibilities of the property, like the mortgage, into their name if applicable.