Texas Quitclaim Deed Instructions

Step 1: Find the County Clerk for the County Where the Property Is Located

A Texas deed is recorded with the county clerk of the county in which the property, or a part of it, is located, which need not be the county where you live. The Secretary of State keeps a list of the county clerks for all 254 counties with each clerk's address and telephone number. The clerk's page says whether the office takes documents at the counter, by mail, or electronically. Where a tract straddles a county line, the statute speaks of the county in which "a part" of the property lies; recording in each county is the cautious course.

Recording is what protects the grantee. A conveyance that has not been acknowledged, sworn to, or proved and filed for record is void as to a creditor and as to a later purchaser for value who has no notice of it. The unrecorded deed still binds the grantor, the grantor's heirs, and anyone who takes with notice or without paying value. A deed properly recorded in the proper county is notice to all persons that it exists. So a quitclaim deed left in a drawer binds the family, but it does not protect the person it was given to against the grantor's creditors or later buyers.

Step 2: Set Up the Deed, and Understand What "Quitclaim" Means in Texas

Texas prints one deed form in its Property Code, a warranty deed that begins "Know all men by these presents" and recites the consideration. It says the grantor has "granted, sold, and conveyed" the property, and binds the grantor "to warrant and forever defend" it against every claim. The next sentence says a covenant of warranty is not required, and that the parties may use any form they want. The statute also says that the words "grant" or "convey" imply two covenants unless the deed expressly provides otherwise: that the grantor has not conveyed the property to anyone else, and that it is free of encumbrances. A quitclaim deed avoids those words. It says the grantor "quitclaims" or "releases" all right, title, and interest in the described property to the grantee, and it promises nothing.

One thing to know before choosing the form. A quitclaim passes only whatever interest the grantor happens to hold. Texas courts have long treated a person who takes by quitclaim as taking with notice of whatever defects the record would show, which matters when the grantee later sells or borrows against the property. Texas offers a middle course, the deed without warranty. It "grants and conveys" the property itself, so that the grantee takes the land and not just the grantor's claim to it, while expressly disclaiming the implied covenants, so that the grantor promises nothing. If the property has real value and the grantee may one day sell or borrow against it, that is worth asking a title company or an attorney about before anyone signs.

Whichever form you use, the Property Code requires a notice of confidentiality rights at the top of the first page of any deed to or from an individual, in 12-point boldface or capitals. It reads substantially as follows. "NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER." The clerk may not reject a deed that lacks it, and the deed is valid without it, but put it in. The preparer may not put a Social Security number in the deed at all. Below the notice, give the deed a heading, "Quitclaim Deed," as the format statute requires, and the name and address the clerk should return it to.

Step 3: Fill In the Grantor, and Decide Whether a Spouse Signs

The grantor is the party giving up whatever interest they hold: a person, a married couple, a trustee, or a company. Give the full legal name exactly as it appears on the deed the grantor received, because the clerk indexes by name and a title examiner has to match the two. Where the grantor is a trust, the trustee signs as trustee; where it is a company, an officer signs with their title.

Texas has no dower or curtesy. It has community property, and that changes who signs. Property either spouse holds during the marriage is presumed to be community property, owned by both, unless it is shown by clear and convincing evidence to be one spouse's separate property. Separate property means property owned before the marriage or received during it by gift or inheritance. Community property held in one spouse's name is presumed to be under that spouse's sole management, and a person dealing with that spouse may rely on that unless they know better. Other community property is under the joint management of both spouses. The homestead is the firm rule: "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. So a deed of the family home from a married owner needs both spouses' signatures, whichever name the title stands in, and a deed of other community property is safest with both. Where both spouses are on the title, both are grantors and both sign.

Step 4: Fill In the Grantee, and Say How Co-Owners Take Title

Name the grantee, the party taking the interest, by the full legal name that should appear on the next deed and on the tax roll, with the grantee's mailing address. A trust takes title through its trustee, so write "Jane Doe, Trustee of the Doe Family Trust"; a company takes it under the exact name on its Secretary of State filing.

Two or more grantees need one more thing, and in Texas it is an agreement rather than a phrase. Two or more persons who hold an interest in property jointly hold it in undivided shares, each of which passes at death by will or inheritance. The exception is an agreement "in writing that the interest of a joint owner who dies survives to the surviving joint owner or owners." The statute adds that such an agreement "may not be inferred from the mere fact that property is held in joint ownership." Since the agreement is the joint owners', a survivorship clause the grantor alone signs may not be enough; have the grantees sign the deed's survivorship clause, or a separate written agreement, so the writing is theirs. Spouses may agree the same way that all or part of their community property becomes the survivor's, in a writing signed by both, using words such as "with right of survivorship." Texas has no tenancy by the entirety.

Step 5: Add the Legal Description

Copy the legal description word for word from the current deed: the lot and block in a recorded subdivision, with the plat's recording reference, or the survey, abstract number, and metes and bounds, with the county. A street address is not a legal description. Add the appraisal district's property identification number if the current deed or the tax statement shows one. Do not put a Social Security number or driver's license number on the deed; the confidentiality notice exists so that you will not.

Step 6: State the Consideration

The statutory form recites the consideration, so many dollars "to me in hand paid." Texas taxes nothing on a deed, and no oath of value or statement of consideration is required for recording. So recite what is true: the dollar figure, or, for a gift, "for and in consideration of love and affection," or "for no consideration." Reciting a nominal sum such as ten dollars is not required. If the grantee is taking the property subject to a mortgage, say so after the description.

Step 7: Sign Before a Notary or Two Witnesses, in Person or Online

A deed may not be recorded unless it is signed and acknowledged or sworn to before an officer who certifies it. The alternative is signing and acknowledging or swearing to it in the presence of two or more credible subscribing witnesses. The notary is the usual route. To acknowledge the deed, the grantor appears before the notary and states that the deed was executed for the purposes and consideration expressed in it; the notary makes, signs, and seals a certificate. The notary may act only on personal knowledge of the grantor or satisfactory evidence of identity. The statute limits that evidence to the oath of a credible witness, a current government identification card with the grantor's photograph and signature, or, for a deed in a residential transaction, a current foreign passport, and the certificate says which was used. A deed acknowledged in another state before a notary or a court clerk is properly acknowledged for Texas.

Texas has allowed online notarization since 2018. A notary who holds an online notary commission from the Secretary of State may perform an online notarization "regardless of whether the principal is physically located in this state." The notary sees you by two-way video and audio, and identifies you by personal knowledge or by a government identification you present on camera, with credential analysis and identity proofing. The notary keeps an electronic record including the recording, and notes on the certificate that the notarization was online. The deed is then an electronic document. The clerk must record a paper copy of it that a notary has declared to be a true copy of the electronic record, but ask the clerk what it accepts before you book. The Secretary of State's online notary page explains the online commission, and our Remote Online Notarization by State page compares the states.

Step 8: Record the Deed and Pay the Fee

Take or mail the acknowledged deed to the county clerk of the county where the property is located, with the fee on the county's posted schedule. The clerk may ask anyone who presents a deed in person for photo identification. The paper standards are statewide. They call for pages no wider than 8½ inches and no longer than 14, type of at least 8 points, a heading at the top of the first page, names typed or printed under every signature, and black on white. A page that misses them records at double the fee. The clerk records the deed and returns it to the address you gave. Keep the recorded deed with the property's papers.

Texas has no transfer tax and cannot adopt one. Since January 1, 2016, its constitution has forbidden the enactment of any law that imposes a transfer tax on a transaction conveying fee simple title to real property. If your reason for the deed is to pass the property at your death, Texas offers a transfer-on-death deed under the Estates Code. It is recorded now in the county where the property is located, takes effect only when you die, needs no consideration and no notice to the beneficiary, and changes nothing while you live. It is not a quitclaim deed.

Where do I record a Texas quitclaim deed?

With the county clerk of the county where the property is located, whether or not you live there. The Secretary of State's list of county clerks gives every clerk's address and telephone number. An unrecorded deed binds the parties and anyone with notice, but it is void as to the grantor's creditors and later purchasers for value without notice. A recorded deed is notice to everyone, so record promptly.

Does my spouse have to sign a Texas quitclaim deed?

For the homestead, yes. Neither spouse may sell, convey, or encumber the homestead without the joinder of the other, whether it is community property or one spouse's separate property. A deed of the family home therefore needs both signatures, whichever name is on the title. Texas has no dower; it has community property, and property held during marriage is presumed to be community. Community property in one spouse's name is presumed to be under that spouse's sole management, but other community property is under joint management. A deed of community property other than the homestead is therefore safest with both spouses signing. Where both are on the title, both sign.

Is there a transfer tax on a Texas quitclaim deed?

No. Texas has no real estate transfer tax, and since 2016 the Texas Constitution has forbidden the enactment of any law imposing one on a conveyance of fee simple title. A recorded deed costs the county clerk's fee alone, whatever the relationship between the parties and whatever was paid.

Should I use a deed without warranty instead of a quitclaim deed?

Possibly, and it is worth asking a title company or an attorney. A quitclaim passes only whatever interest the grantor holds, and Texas courts treat a grantee under one as taking with notice of any defect the record shows. A deed without warranty conveys the property itself with the words "grant and convey" while expressly disclaiming the covenants those words would otherwise imply, so the grantee takes the land and the grantor still promises nothing. The statute allows either; the difference shows up when the grantee later sells or borrows.

How do two owners get survivorship on a Texas deed?

By agreeing to it in writing themselves. Joint owners hold undivided shares that pass at death by will or inheritance unless they agree in writing that a deceased owner's share survives to the others. The statute says the agreement may not be inferred from joint ownership alone. Because the agreement is the owners', have the grantees sign the deed's survivorship clause or a separate written agreement. Spouses may agree in a writing signed by both that community property passes to the survivor. Texas has no tenancy by the entirety.

Can I get a Texas quitclaim deed notarized online?

Yes. Since 2018 a notary who holds an online notary commission from the Secretary of State may take your acknowledgment by two-way video and audio, wherever you are. The notary identifies you by personal knowledge or by a government identification with credential analysis and identity proofing, keeps an electronic record with the recording, and notes on the certificate that the notarization was online. The deed is then electronic, so ask the county clerk what it accepts, or have a notary certify a paper copy of the electronic record for filing.

Where do I get a Texas quitclaim deed form?

Texas prints no quitclaim form; its statute prints a warranty deed and lets the parties use any form, so a deed that quitclaims all the grantor's right, title, and interest in the described property does the job. A form written for no particular state fails in the pieces around it. It has no notice of confidentiality rights at the top of the first page, no heading, no spouse's signature line for a homestead deed, and no place for the grantees to sign a survivorship agreement. If you would rather start from something built for this state, our Quitclaim Deed Help page lists prepared forms and deed preparation services.