What is a Texas Quitclaim Deed?
In Texas real estate law, a Quitclaim Deed is an instrument that conveys whatever interest, title, or claim the grantor may have in a specific parcel of land to the grantee. Unlike a General Warranty Deed or Special Warranty Deed, a quitclaim deed contains no covenants of title or warranties.
If the grantor owns full, clear title, that title transfers to the grantee. However, if the grantor has no ownership or if the property is encumbered by unpaid liens or encumbrances, the grantee has no legal warranty claim against the grantor under Texas law.
Common Use Cases in Texas:
- Divorce Property Settlements: Transferring sole ownership of a homestead from one ex-spouse to the other under a Texas divorce decree.
- Family Gifts & Inheritances: Conveying property between parents, children, or relatives without a commercial purchase.
- Living Trusts & LLCs: Transferring personal property into a revocable living trust or business entity for asset protection.
- Clearing Title Defects (Clouds on Title): Relinquishing possible dower or heirship claims during a title company examination.
"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."
Legal & Statutory Requirements
To ensure this document is legally enforceable and accepted by administrative or judicial authorities, comply with these key statutory rules:
- Written Instrument (Tex. Prop. Code § 5.021): The conveyance must be in writing and signed by the grantor or their authorized attorney-in-fact.
- Notary Acknowledgment (Tex. Prop. Code § 11.002): The grantor must execute the deed before a commissioned Notary Public. While Texas law technically mentions two credible witnesses as an alternative, virtually all Texas county clerks require a formal notarial seal.
- Legal Property Description: A street address is legally insufficient in Texas. The deed must recite the formal legal description (such as Lot, Block, and Subdivision from a recorded plat, or a certified metes-and-bounds survey).
- Grantee Mailing Address: Texas law requires the deed to state the mailing address of each grantee. If omitted, the county clerk will assess a statutory penalty fee (typically double the recording fee).
Step-by-Step Preparation & Filing Guide
Obtain the Prior Recorded Deed
Review the existing deed to copy the exact legal description (lot, block, plat volume, and page). Never rely on property tax statements for legal descriptions.
Complete Deed Terms & Mandatory Notice
Fill out the grantor and grantee names, consideration amount ($10.00 and other valuable consideration is customary in Texas), and ensure the required confidentiality header is displayed.
Execute in the Presence of a Notary Public
The grantor must sign the original document before a Texas notary with valid government photo identification. The grantee does not need to sign.
Record with the County Clerk's Office
Bring or mail the original notarized deed to the County Clerk in the county where the property is situated. Pay the recording fee (typically $26 for the first page plus $4 per extra page).
Standard Texas Quitclaim Deed Preview
Review the standard format below. You can copy the template or use official packages directly for guaranteed acceptance.
QUITCLAIM DEED
STATE OF TEXAS
COUNTY OF [COUNTY NAME]
KNOW ALL MEN BY THESE PRESENTS:
That [GRANTOR NAME(S)], residing at [Grantor Address], hereinafter called "Grantor", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM unto [GRANTEE NAME(S)], residing at [Grantee Address], hereinafter called "Grantee", all of Grantor's right, title, interest, and claim in and to that certain tract or parcel of land situated in [County Name] County, Texas, described as follows:
[INSERT COMPLETE LEGAL PROPERTY DESCRIPTION HERE: LOT, BLOCK, SUBDIVISION, OR METES AND BOUNDS RECORDED IN VOLUME [X], PAGE [Y] OF THE DEED RECORDS OF [COUNTY NAME] COUNTY, TEXAS]
Commonly known as: [Street Address, City, TX, Zip Code]
TO HAVE AND TO HOLD all of Grantor's right, title, and interest in and to the said property unto the said Grantee, Grantee's heirs, successors, and assigns forever.
EXECUTED this _____ day of __________________, 20__.
[Grantor Signature]
[Grantor Printed Name]
ACKNOWLEDGMENT (STATE OF TEXAS, COUNTY OF _______________)
This instrument was acknowledged before me on the _____ day of __________________, 20__, by [Grantor Printed Name].
Notary Public, State of Texas
My Commission Expires: ____________________
Free Word Document (.DOCX) & PDF Downloads
Whether you need to edit this document in Microsoft Word, Google Docs, or print a blank PDF to fill out with pen and ink, we provide both standard file formats at no charge:
1. Texas Quitclaim Deed Word Document (.docx)
The Texas Quitclaim Deed Word document (.docx) is completely unlocked and customizable. You can type in names, paste complex legal terms or property descriptions directly, and format required signature blocks. Fully compatible with Microsoft Word 2016+, Office 365, LibreOffice, and Google Docs.
2. Texas Quitclaim Deed PDF Form (.pdf)
The Texas Quitclaim Deed PDF download is pre-scaled to standard Letter paper (8.5" x 11") with 1-inch margins required by recording offices and judicial clerks. It includes all necessary statutory notices and signature blocks formatted to guarantee filing compliance.
Frequently Asked Questions
Does a Texas quitclaim deed release me from mortgage liability?
What is the difference between a Warranty Deed and a Quitclaim Deed in Texas?
How much does it cost to record a deed in Texas?
Can a title company in Texas reject a quitclaim deed?
Need the Verified Texas Quitclaim Deed Package?
Ensure your legal documents comply with all governing statutes on the first submission without rejection fees or legal delays.