Formulário de Quitclaim Deed do Texas Grátis
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Date and Parties
Property Information
Grant of Interest
Consideration
Effective Date of Transfer
Governing Law
Signatures & Notarization
Pré-visualização
TEXAS QUITCLAIM DEED
This Quitclaim Deed ("Deed") is made on [Date], by and between:
Grantor: [Full Name], residing at [Address]
and
Grantee: [Full Name], residing at [Address]
Property Information:
- Legal Description: [Insert full legal description of property]
- Street Address: [Address of property]
1. Grant of Interest
The Grantor hereby remises, releases, and quitclaims to the Grantee all right, title, and interest the Grantor has in and to the above-described property, together with all improvements and appurtenances thereto, without any covenants, warranties, or guarantees as to title, condition, or encumbrances, subject only to existing liens, easements, and restrictions of record.
2. Consideration
This transfer is made for the sum of [Amount], the receipt of which is hereby acknowledged by the Grantor.
3. Effective Date of Transfer
This Deed shall take effect immediately upon execution and proper recording in the office of the [County Clerk] of [County], Texas.
4. Governing Law
This Deed shall be governed by and construed in accordance with the laws of the State of Texas.
5. Signatures & Notarization
Grantor: _______________________
Data: ___________
Printed Name: _____________________
Notary Public: __________________
Data: ___________
(Notary Seal)
Texas Quitclaim Deed: Why Texas Treats Them Differently
What Is a Texas Quitclaim Deed (and Why to Be Careful)?
A Texas quitclaim deed releases whatever interest a person may have in real property to someone else, without any warranty of title. The party releasing the interest is the grantor, and the party receiving it is the grantee. Unlike a warranty deed, a quitclaim does not even purport to convey the property itself; it only passes along whatever interest, if any, the grantor happens to hold. If the grantor owns nothing, the grantee receives nothing.
Texas treats quitclaim deeds with more suspicion than most states, so it is important to understand the caution before you use one. Historically, a person taking title by quitclaim in Texas could not qualify as a bona fide purchaser, and a quitclaim appearing in the chain of title has been treated as notice to later buyers that someone else may hold a claim. The practical result is that a quitclaim can cloud title and make the property harder to sell, finance, or insure. For most transfers, Texas practitioners recommend a warranty deed or a deed without warranty instead. A quitclaim still has narrow, legitimate uses, which are described below.
How Texas Law Treats Quitclaim Deeds
The key thing to know is that a Texas quitclaim conveys no warranty and, traditionally, no clean title. Because a quitclaim only releases whatever interest the grantor may have, Texas courts have long held that a quitclaim grantee is not protected as a bona fide purchaser, and that a quitclaim in the chain of title puts later purchasers on notice of possible outstanding claims. That is why title companies are often reluctant to insure title that passes through a quitclaim.
A 2021 statute softened part of this. Texas Property Code section 13.006 provides that after the fourth anniversary of the date a quitclaim deed is recorded, the quitclaim no longer affects the good faith of a later purchaser or creditor and is no longer treated as notice of an unrecorded conveyance or encumbrance. In other words, four years after recording, the quitclaim stops blocking bona-fide-purchaser status. This applies to quitclaim deeds recorded on or after September 1, 2021. It is important to understand what this does and does not do: it removes the quitclaim's notice-blocking effect after four years, but it does not cure any defect in title or turn a quitclaim into a warranty. If the grantor never owned the property, the grantee still owns nothing.
When a Quitclaim Deed Still Makes Sense in Texas
Despite the cautions, a quitclaim deed has legitimate, narrow uses in Texas where no warranty is intended and the goal is simply to give up whatever interest a person might have.
Clearing a cloud on title. A quitclaim is often used to release a possible or unknown claim, such as an heir, a former spouse, or a party with a doubtful interest signing away any interest they might hold so the record is clean.
Divorce and family transfers. When a divorce decree awards the home to one spouse, the other may sign a quitclaim to release any interest, though many Texas attorneys prefer a special warranty deed even here. Family members rearranging ownership sometimes use one as well.
Releasing a specific doubtful interest. When someone is not sure they own anything but wants to relinquish any claim they may have, a quitclaim accomplishes exactly that and nothing more.
In each case the parties should understand that the grantee gets no warranty and no assurance of title. If the transfer is meant to actually convey ownership with some protection, a deed without warranty or a special or general warranty deed is the better instrument. Note also that transferring the property does not remove the grantor from any mortgage; the lender can still pursue the original borrower until the loan is refinanced or assumed.
Texas Signing and Recording Requirements
To be recordable in Texas, a quitclaim deed must meet the same execution formalities as any deed. The requirements below apply regardless of the limited effect a quitclaim has.
- Signed and Acknowledged Before a Notary
- Under Texas Property Code section 12.001, an instrument conveying real property may be recorded if it is signed and acknowledged or sworn to by the grantor before a notary or other authorized officer (or before two or more credible subscribing witnesses). In practice, the deed is signed before a notary; separate witnesses are not required when the deed is notarized.
- Complete Legal Description
- The deed must contain the full legal description of the property, taken from the current recorded deed or the county records, not just the street address.
- Grantee's Mailing Address
- Under Texas Property Code section 11.003, an instrument conveying real property may not be recorded unless it states a mailing address for each grantee, unless a small penalty fee is paid. Omitting the address does not void the transfer between the parties, but it can delay recording.
- Recorded With the County Clerk
- Deeds are recorded with the County Clerk in the county where the property is located. Under Texas Property Code section 11.001, the instrument must be recorded in the county where a part of the property sits; recording in the wrong county has no effect.
Recording a Texas Quitclaim Deed and Costs
After the deed is signed and notarized, it is recorded with the County Clerk in the county where the property is located (Texas Property Code section 11.001). Recording places the instrument in the public record and, for a warranty-type deed, protects priority against later claims; for a quitclaim, remember the notice caveats discussed above.
There is good news on cost: Texas has no state real estate transfer tax. The Texas Constitution, Article VIII, section 29, prohibits any law that imposes a transfer tax on a transaction conveying fee simple title to real property (effective for laws enacted after January 1, 2016). So unlike Florida or California, recording a Texas deed does not carry a percentage-based transfer or documentary tax. You will still pay the County Clerk's recording fee, which is charged per page and set by each county. Confirm the current recording fee with the county clerk where the property sits.
Better Alternatives: Warranty Deed and Deed Without Warranty
Because a quitclaim gives the grantee no warranty and can cloud title, Texas practitioners usually prefer one of these alternatives when the goal is to actually convey ownership.
General warranty deed. The grantor warrants and agrees to defend the title against all claims, including those predating the grantor's ownership. This gives the grantee the most protection and is standard for an arm's-length sale.
Special warranty deed. The grantor warrants the title only against claims arising during the grantor's own period of ownership, not before. This is common in transfers from estates, companies, and some family or divorce transfers.
Deed without warranty. This instrument conveys the property itself (unlike a quitclaim, which only releases whatever interest the grantor has) but includes no warranties. Because it purports to convey the property, it supports after-acquired title and generally puts the grantee in a better position than a quitclaim, while still giving the grantor no warranty exposure.
If you are transferring Texas property and want the transfer to be reliable, discuss a warranty deed or a deed without warranty with a Texas real estate attorney. Reserve the quitclaim for situations where you truly only intend to release a possible or unknown interest. This guide is general information, not legal advice.
Perguntas Frequentes
Encontre respostas para perguntas frequentes sobre nossos modelos.
Yes, quitclaim deeds are legal in Texas, but they are treated differently from warranty deeds. A quitclaim only releases whatever interest the grantor may have and gives the grantee no warranty of title. Traditionally a quitclaim grantee could not be a bona fide purchaser, and a quitclaim in the chain of title has been treated as notice of possible outstanding claims, which can cloud title. For most transfers, Texas attorneys recommend a warranty deed or a deed without warranty instead.
Because a quitclaim conveys no warranty and, historically, no clean title. It only passes whatever interest the grantor happens to hold, which may be nothing, so the grantee has no protection and no recourse if title fails. A quitclaim in the record can also signal a possible title defect, making title companies reluctant to insure and making the property harder to sell or finance. A deed without warranty or a special or general warranty deed avoids these problems.
Section 13.006, effective for quitclaim deeds recorded on or after September 1, 2021, provides that after the fourth anniversary of recording, a quitclaim deed no longer affects the good faith of a later purchaser or creditor and is no longer treated as notice of an unrecorded conveyance or encumbrance. In short, four years after recording, the quitclaim stops blocking bona-fide-purchaser status. It does not cure title defects or turn a quitclaim into a warranty deed; it only removes the quitclaim's notice-blocking effect over time.
Yes, to be recorded. Under Texas Property Code section 12.001, an instrument conveying real property may be recorded if it is signed and acknowledged or sworn to by the grantor before a notary or other authorized officer, or before two or more credible subscribing witnesses. In everyday practice the grantor signs before a notary, and separate witnesses are not required when the deed is notarized. The deed is then recorded with the County Clerk.
No. Texas has no state real estate transfer tax. The Texas Constitution, Article VIII, section 29, prohibits any law imposing a transfer tax on a transaction that conveys fee simple title to real property, for laws enacted after January 1, 2016. Unlike Florida or California, recording a Texas deed does not carry a percentage-based transfer or documentary tax. You will still pay the County Clerk's per-page recording fee, which varies by county.
A quitclaim deed only releases whatever interest the grantor may have and does not purport to convey the property itself. A deed without warranty actually conveys the property but with no warranties of title, which generally puts the grantee in a stronger position than a quitclaim, including support for after-acquired title, while still protecting the grantor from warranty claims. For a reliable transfer of ownership, a deed without warranty or a warranty deed is usually preferable to a quitclaim in Texas.
You record it with the County Clerk in the county where the property is located. Under Texas Property Code section 11.001, the deed must be recorded in the county where a part of the property sits, and recording in the wrong county has no effect. The deed must be notarized to be recordable and, under section 11.003, must state a mailing address for each grantee (or a small penalty fee applies). Recording fees are set per page by each county.
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