The Texas quitclaim deed is a document used for real estate title transfers. One party, called the grantor, signs the quitclaim deed and transfers the property to another party, called the grantee.
The main advantage of the quitclaim deed over other forms of deeds is its simple form. That enables the parties to quickly transfer the property without additional formalities.
However, unlike the warranty and special warranty deeds, the quitclaim deed doesn’t provide any warranties for the property title. That means that the grantor won’t be responsible if there are additional claims against the title of the transferred property.
Quitclaim Deed Important Laws & Requirements in Texas
Laws & Requirements
Statute: V.T.C.A., Property Code § 13.006
Signing requirements: The grantor must sign the quitclaim deed before the notary public or at least two witnesses. (§ 12.001(a))
Recording: Parties must submit the signed quitclaim deed to the County Clerk’s Office for document recording.
Recording fees: $5 for the first page and $4 for each additional page (§ 118.011(2))
Additional documents: Property disclosure statement. The grantor must disclose the residential property's condition and give it to any potential buyer.
When to Use a Quitclaim Deed in Texas
The simple form and the lack of warranties for the grantee make the general quitclaim form a suitable solution in the following situations.
#1. Title Modifications
The grantor can use the Texas quitclaim deed to make the modifications and changes in the property title. They can do so to fix the errors in the title (misspelled name or wrong date), or they can use it to update the information in the title.
Moreover, the grantor can use the quitclaim deed to add or remove people from the title or to clear the title.
#2. Property Transfer
The Texas quitclaim deed is, however, mostly used for property transfers. The simple form makes it a quick solution for transferring property between two parties.
However, its main limitation is the lack of warranties. By signing the quitclaim deed, the grantor simply transfers their interests in the property without guaranteeing that there are no other claims against the title.
#3. Living Trust Transfer
Besides making a will, the general quitclaim form is the most commonly used method for transferring property to loved ones during someone's lifetime. By signing the quitclaim deed, the grantor will transfer their property to their living trust.
Considering that only one person is involved in the transaction, there is no need for additional warranties, which is suitable for the quitclaim deed.
How to Create a Quitclaim Deed in Texas
#1. Fill Out The Form
Insert important details about the grantor and grantee, such as their first and last names, mailing addresses, and marital status.
If the parties are legal entities, enter their registered names, mailing addresses, type of entity, and registration numbers.
#2. Add the “Note Consideration”
The note consideration details the value the grantee owes to the grantor for transferring the property. The property can be transferred with or without consideration (as a gift).
A transfer without consideration is typically used between family members. Consideration can be in the form of a transfer of money, the provision of services, a default on debt, or any other kind of value.
#3. Write the Legal Description
This section includes information that helps the parties individualize the property. It usually includes the section, township, block, map number, plat number, and property address. The parties can also include a description of the property boundaries.
#4. Sign & Get it Notarized
The grantor must sign the Texas quitclaim deed before the notary public or at least two witnesses.
#5. File the Quitclaim Deed
Finally, the parties should file the signed quitclaim deed with the body in charge of the deed registration.
Where to File a Quitclaim Deed in Texas
The Texas quitclaim deed should be submitted to the County Clerk’s Office for recording.