Texas Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed gives a Texas buyer the strongest title protection: the seller guarantees clear title and agrees to forever defend it against every lawful claim. A quitclaim deed makes no such promise and passes only what the seller happens to own.

2. 2

   Texas codifies a statutory general warranty deed form. Under Texas Property Code Section 5.022(a) the grantor binds themselves to warrant and forever defend the premises against every person whomsoever lawfully claiming the same. Even without that clause, the words grant or convey imply two covenants under Section 5.023 (grantor has not already conveyed the estate; it is free of encumbrances).

3. 3

   A general warranty deed warrants against all claims, including defects that predate the seller. A special or limited warranty deed warrants only against claims arising by, through, or under the grantor. A covenant of warranty is not required at all in Texas (Section 5.022(b)), so the choice of deed sets how much protection the buyer gets.

4. 4

   You record the signed deed with the county clerk of the county in which a part of the property is located (Texas Property Code Section 11.001(a); Texas Local Government Code Section 192.001). Texas follows a notice recording rule, so recording promptly protects you against a later good-faith purchaser without notice (Section 13.001(a)).

5. 5

   Before it can be recorded, the deed must be acknowledged or sworn to by the grantor before a notary, or alternatively signed before two or more credible subscribing witnesses (Texas Property Code Section 12.001(b)(1)). Witnesses are not required if the deed is notarized. Anyone filing in person must show photo identification.

6. 6

   Texas has no state or local real estate transfer tax, and the Texas Constitution prohibits enacting one (article VIII, Section 29); only ordinary county recording fees apply. A deed transferring property to or from an individual must carry a NOTICE OF CONFIDENTIALITY RIGHTS at the top of the first page (Texas Property Code Section 11.008(c)).

7. 7

   If the property is the homestead, both spouses must join in signing the deed to sell, convey, or encumber it, even if title is in one spouse's name alone and even if the homestead is that spouse's separate property (Texas Family Code Section 5.001).

Texas Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Texas codifies a statutory general warranty deed form in which the grantor binds themselves to warrant and forever defend the premises against every person whomsoever lawfully claiming the same (Texas Property Code Section 5.022(a)). Even a plain grant or convey implies the two covenants of Section 5.023 (no prior conveyance; free from encumbrances). A quitclaim carries no covenants.

• Statutory Warranty Deed Form

  Texas codifies an optional statutory general warranty deed form conveying fee simple with warranty (Texas Property Code Section 5.022(a)). A covenant of warranty is not required (Section 5.022(b)) and the parties may use any lawful form (Section 5.022(c)). Unless the deed provides otherwise, the words grant or convey imply that the grantor has not already conveyed the estate and that it is free from encumbrances (Section 5.023(a)).

• Record with the County Clerk

  Record the signed, notarized deed with the county clerk of the county in which a part of the real property is located (Texas Property Code Section 11.001(a); Texas Local Government Code Section 192.001). Texas follows a notice recording rule, so an unrecorded conveyance is void as to a later purchaser for value without notice (Section 13.001(a)). Record promptly to protect your interest.

• Notary Acknowledgment or Two Witnesses

  Before recording, the deed must be acknowledged or sworn to by the grantor before a notary or other authorized officer, or alternatively signed before two or more credible subscribing witnesses (Texas Property Code Section 12.001(b)(1)). Notarization is the usual path and witnesses are not required when the deed is notarized. Anyone presenting the deed in person must show photo identification to the county clerk.

• No Transfer Tax; Recording Fees Only

  Texas imposes no state or local real estate transfer tax, and since 2016 the Texas Constitution prohibits enacting one (article VIII, Section 29). No declaration of value or consideration affidavit is filed. The only recording cost is the county clerk's ordinary fee, which varies by county. Budget for that fee rather than a transfer tax.

• Confidentiality Notice, Description, Parties

  A deed transferring property to or from an individual must carry a NOTICE OF CONFIDENTIALITY RIGHTS at the top of the first page in 12-point boldfaced or uppercase type (Texas Property Code Section 11.008(c)). Identify the grantor and grantee, recite the consideration, and include the full legal description of the property (not just the street address). Errors in the legal description or vesting are a common and costly source of later title problems.

• Both Spouses Join for the Homestead

  Texas is a community property state with strong homestead protection. Neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse, whether the homestead is community property or one spouse's separate property, and even if title stands in one spouse's name alone (Texas Family Code Section 5.001). Confirm homestead status before signing to avoid a defective transfer.

• General vs Special Warranty: Choosing the Deed

  Choose the deed to match the protection intended. A general warranty deed warrants title against all claims, including those predating the grantor, using the Section 5.022 warrant and forever defend language. A special or limited warranty deed warrants only against claims arising by, through, or under the grantor. A deed without warranty, or a quitclaim, gives no covenants. The reason for the transfer usually points to the right one.