Texas Quitclaim Deed Form

What Is a Texas Quitclaim Deed?

A Texas quitclaim deed allows you to transfer or release whatever ownership interest you currently have in a property located in the state.

However, this document only transfers your ownership interest. It does not guarantee that the person receiving the transfer (the grantee) is getting a clear title or that the property is free from liens or competing claims.

If you have no ownership interest, the quitclaim does not create one.

Texas has a special rule for recorded quitclaim deeds. After four years, a quitclaim deed generally no longer counts against a later buyer or creditor when deciding whether they acted in good faith.

It also stops serving as notice of certain unrecorded claims. However, this does not fix existing title problems or guarantee clear title.

Texas Quitclaim Deed Requirements

When you begin writing your quitclaim deed, Texas state law details the necessary elements. The table below outlines some of these key requirements:

Common Uses for a Texas Quitclaim Deed

A quitclaim deed is often used in Texas if you want to:

• Transfer your existing property interest to a family member or your spouse
• Release one former spouse’s interest to the other following divorce
• Transfer your interest to another existing owner
• Transfer an interest to an LLC (if permitted by law)
• Give up an existing or possible ownership claim
• Transfer an ownership interest after you legally inherit it from a deceased person

Create Your Texas Quitclaim Deed

Texas Quitclaim Deed With a Mortgage

It’s possible to use a quitclaim deed in Texas to transfer your ownership interest while you still have a mortgage. However, this document does not remove your responsibility to pay back the loan.

You should carefully review the loan terms before you transfer your current ownership interest. You may want to consult a legal expert who has experience in these types of transfers.

You may have to provide written disclosure at least seven days before the transfer. This rule is outlined in Texas Property Code §5.016. Certain transfers are exempt from this rule, such as transfers between:

• Spouses
• Direct-line relatives (parents, children, grandparents, or grandchildren)
• Co-owners
• Divorcing spouses

How to File a Quitclaim Deed in Texas

You can follow the steps below to complete and record your own Texas quitclaim deed for a property located in Texas.

1. 1

   Check ownership and homestead status

   When making a quitclaim deed in Texas, you need to confirm what ownership interest you actually hold.

   If the property is your Texas homestead and you are married, your spouse usually needs to join the transfer. This can apply even if only one spouse owns the property.

2. 2

   Gather the property and party details

   Start by adding the personal details of the grantor and grantee, such as their legal names, addresses, and contact details.

   You also need to provide a legal description of the property in question, not just its address.

3. 3

   Sign and acknowledge the deed

   The grantor should sign and properly acknowledge, swear to, or prove the deed for recording. One common way of doing this is to acknowledge or swear to the deed before a notary or another authorized officer.

   If you sign before a notary or other authorized officer, you typically do not need two additional witnesses. Property Code §12.001 also suggests an alternative method of acknowledging the deed: signing in front of two or more credible subscribing witnesses.

4. 4

   Deliver and accept the deed

   The deed does not become effective simply by recording it. To become effective, you must have the deed delivered with the intention of transferring the interest.

   The grantee must also accept the deed.

5. 5

   Record the deed

   Finally, file the deed with the county clerk in the county where the property is located. If the property extends into more than one county, you should record it in each applicable county.

   If you need to quickly create this form, you can use Lumr to instantly make a customizable and printable quitclaim deed form for Texas. Simply enter your details and then download the finished Texas quitclaim deed PDF document.