How do I file a quitclaim deed in Texas?
1. Quitclaim vs Warranty Deed
A Texas quitclaim transfers only whatever interest the grantor has — possibly nothing — and makes no warranty. A general warranty deed warrants title against all claims; a special warranty deed warrants only against claims arising during the grantor's ownership. Texas courts have repeatedly held a quitclaim is NOT evidence of title and may break the chain.
2. Common Uses
Divorce decrees, family gifts, clearing heirship clouds, releasing potential interests (e.g., from a probate omission), or stranger-to-title corrections.
3. Execution Formalities
Grantor must sign and acknowledge before a notary (Tex. Prop. Code § 12.001; § 121.004). No witnesses are required. The form in § 5.041 is the statutory template (though that section is for warranty/conveyance forms generally).
4. Required Contents
Grantor and grantee names and addresses (§ 11.003 requires grantee mailing address for recording), legal description (lot/block or metes and bounds), words of conveyance ("does hereby quitclaim"), and consideration recital.
5. Recording
File with the county clerk in the county where the land lies (Tex. Prop. Code Ch. 12 & 13). Filing fees are roughly $26 for the first page and $4 per additional page. Recording is essential to put third parties on notice (§ 13.001).
6. Transfer Tax
Texas has NO state real estate transfer tax — one of a handful of states without one.
7. Title Insurance Limits
Texas title companies almost universally refuse to insure a chain of title resting on a quitclaim within the last several years.
8. Pitfalls
Quitclaim does NOT release the grantor from mortgage liability and does not transfer the loan. Garn-St. Germain (12 U.S.C. § 1701j-3) protects certain intra-family transfers from due-on-sale.
9. Special Local Rules
TX practice: lawyers strongly prefer a "Deed Without Warranty" or "Special Warranty Deed" (which conveys actual title with a limited warranty) instead of a bare quitclaim, because the latter doesn't even purport to convey title.
This is legal information, not legal advice.
- Heirship or probate-gap clouds on title
- Divorce decree requiring transfer of homestead
- Any transfer where future sale and title insurance matter
- Tex. Prop. Code Ch. 13
- Tex. Prop. Code § 5.041
- Tex. Prop. Code § 12.001
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.