Texas Warranty Deed
A Texas warranty deed guarantees clear title and defends the buyer against claims. Texas codifies a warranty deed form, recorded with the county clerk. Attorney review available.
Introduction
Texas codifies a statutory general warranty deed 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), the seller's full guarantee of clear title. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Texas is a warranty-deed state and codifies a statutory general warranty deed form: under Texas Property Code Section 5.022 the grantor binds themselves to warrant and forever defend the premises against every person whomsoever lawfully claiming the same. Even the words grant or convey imply two covenants under Section 5.023, that the grantor has not already conveyed the estate and that it is free of encumbrances, unless the deed provides otherwise. A covenant of warranty is not required (Section 5.022(b)), so a special warranty deed or a deed without warranty is also valid. You record the signed, notarized deed with the county clerk of the county where the property is located (Section 11.001(a)). DocDraft builds your Texas deed from your facts, with attorney review available before you record.
Key Things to Know
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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.
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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).
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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.
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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)).
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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.
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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)).
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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).
Key decisions before you file
Before you file a Warranty Deed in Texas, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Once your Warranty Deed is ready, you can check whether it needs to be notarized in Texas in about a minute, and notarize it online through DocDraft if it does.
Texas Requirements for Warranty Deed
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.
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 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.
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.
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.
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.
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.
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.
Does your Warranty Deed need to be notarized in Texas?
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. Texas codifies a general warranty deed form in which the grantor binds themselves to warrant and forever defend the premises against every person whomsoever (Texas Property Code Section 5.022). Even a plain grant or convey implies the two covenants of Section 5.023, but a quitclaim carries no covenants and no defense obligation.
A general warranty deed guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. Texas Property Code Section 5.022(a) supplies the operative words: the grantor binds their heirs, executors, and administrators to warrant and forever defend the premises against every person whomsoever lawfully claiming the same. A special or limited warranty deed instead defends title only against claims arising by, through, or under the grantor, not against earlier defects.
Texas uses a warranty deed, not a grant deed. Unlike California, Texas codifies a statutory general warranty deed form (Texas Property Code Section 5.022) whose express words are warrant and forever defend against every person whomsoever. A covenant of warranty is not required (Section 5.022(b)), so a special warranty deed, a deed without warranty, or a quitclaim are also valid, but the general warranty deed is the standard full-protection instrument for a Texas sale.
You record the signed, notarized 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). The grantor's signature must first be acknowledged or sworn to before a notary, or the deed must be signed before two or more credible subscribing witnesses (Section 12.001(b)(1)). Texas follows a notice recording rule, so record promptly to protect against a later good-faith purchaser (Section 13.001(a)).
Texas does not require an attorney to prepare or record a deed; an individual may prepare their own warranty deed and record it. Because a deed transfers title and a mistake in the legal description, the warranty covenants, or the homestead joinder can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Texas deed from your facts, with attorney review available as an option before you record.
It must be notarized to be recorded, or signed before witnesses as an alternative. Texas Property Code Section 12.001(b)(1) lets a deed be recorded if it is acknowledged or sworn to by the grantor before a notary, or signed and acknowledged before two or more credible subscribing witnesses. Witnesses are not required when the deed is notarized, which is the usual path. Anyone filing the deed in person must also present photo identification to the county clerk.
No. Texas has no state or local real estate transfer tax, and since 2016 the Texas Constitution prohibits enacting one (article VIII, Section 29). You do not file a declaration of value or a consideration affidavit. The only cost to record is the county clerk's ordinary recording fee, which varies by county. A deed transferring property to or from an individual must still carry the NOTICE OF CONFIDENTIALITY RIGHTS at the top of the first page (Texas Property Code Section 11.008(c)).
For the homestead, yes. Texas Family Code Section 5.001 provides that 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. For non-homestead property, how title is held controls. Because Texas is a community property state, confirm the homestead status before signing to avoid a defective transfer.