Texas Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee and makes no promise that the title is clear, or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim (often typed as a quit claim deed) is used mainly between people who trust each other.

2. 2

   Record it with the county clerk. Under Tex. Prop. Code Section 11.001 a deed is recorded in the county where a part of the property is located, and the county clerk records deeds (Tex. Loc. Gov't Code Section 192.001). Texas is a notice state, so recording protects the grantee against a later buyer without notice (Tex. Prop. Code Section 13.001).

3. 3

   You must acknowledge it before a notary to record it. To be recordable, a Texas quitclaim deed must be signed and acknowledged by the grantor before a notary or other authorized officer (Tex. Prop. Code Section 12.001). Acknowledgment is a condition of recording, not of validity between the grantor and grantee.

4. 4

   No witnesses are required. Texas records a deed on the grantor's acknowledgment before an officer, so witnesses are not needed. Signing before two or more credible subscribing witnesses is only a statutory alternative to notarization, not an added requirement.

5. 5

   Texas charges no real estate transfer tax. The Texas Constitution prohibits any state or local transfer tax on a conveyance of fee simple title (Tex. Const. art. VIII, Section 29). You pay only the county clerk's ordinary recording fees, and no consideration or value statement is required on the deed.

6. 6

   There is no Texas quitclaim statutory form. Texas codifies a short statutory form only for a warranty deed (Tex. Prop. Code Section 5.022), and Section 5.022(c) lets the parties use any lawful form. A quitclaim should avoid the words grant and convey, because Tex. Prop. Code Section 5.023 makes those words imply covenants of title unless the deed says otherwise.

7. 7

   Both spouses must join to convey a homestead. Texas is a community-property state, and Tex. Fam. Code Section 5.001 requires both spouses to sign to sell, convey, or encumber the homestead even if only one spouse is on title and even if the home is one spouse's separate property. Common quitclaim uses include divorce transfers and moving a home into a trust.

Texas Requirements for Quitclaim Deed

• Sign and Acknowledge Before a Notary

  To record a Texas quitclaim deed, the grantor must sign it and acknowledge it before a notary public or other authorized officer (Tex. Prop. Code Section 12.001). Acknowledgment is a condition of recording, not of validity between the grantor and grantee, but without it the county clerk will not record the deed.

• No Witnesses Are Required

  Texas does not require witnesses to sign a deed. A Texas deed needs only to be in writing, signed, and delivered by the grantor (Tex. Prop. Code Section 5.021), and it is recorded on the grantor's notarial acknowledgment. Signing before two or more credible subscribing witnesses is only a statutory alternative to notarization, not an added requirement.

• Record With the County Clerk

  Record the signed, notarized deed with the county clerk of the county where a part of the property is located (Tex. Prop. Code Section 11.001; Tex. Loc. Gov't Code Section 192.001). Texas is a notice state, so recording protects the grantee against a later purchaser for value without notice (Tex. Prop. Code Section 13.001).

• Texas Charges No Real Estate Transfer Tax

  Texas has no state or local real estate transfer tax, and the Texas Constitution prohibits enacting one on a conveyance of fee simple title (Tex. Const. art. VIII, Section 29). You pay only the county clerk's ordinary recording fees, and the deed does not need to recite the consideration or include a value declaration.

• Include the Notice of Confidentiality Rights

  An instrument transferring an interest in real property to or from an individual must carry a Notice of Confidentiality Rights at the top of the first page in 12-point boldface type or 12-point uppercase letters (Tex. Prop. Code Section 11.008). It tells a natural person they may strike their Social Security or driver's license number before recording. The clerk may not reject the deed for noncompliance, but include it.

• There Is No Texas Statutory Quitclaim Form

  Texas codifies a short statutory form only for a warranty deed (Tex. Prop. Code Section 5.022), and Section 5.022(c) lets the parties use any lawful form. A quitclaim should avoid the words grant and convey, because Tex. Prop. Code Section 5.023 makes those words imply covenants of title unless the deed expressly provides otherwise.

• Both Spouses Must Join to Convey a Homestead

  Texas is a community-property state. Tex. Fam. Code Section 5.001 requires both spouses to join in selling, conveying, or encumbering the homestead, even if only one spouse holds title and even if the home is one spouse's separate property. A quitclaim of a homestead signed by one spouse alone can be invalid.

• A Recorded Quitclaim Loses Its Notice Effect After Four Years

  A recorded Texas quitclaim deed has a special limit. After the fourth anniversary of the date it is recorded, the quitclaim no longer affects the good faith of a later purchaser or creditor and is no longer notice to them of any unrecorded transfer or encumbrance (Tex. Prop. Code Section 13.006). This is unique to quitclaim deeds in Texas.