Free Texas Quitclaim Deed Form

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.

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.

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.

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.

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.

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.