Notarization may be preferred or required by certain County Clerk’s Office. The grantor must sign the form in the presence of at least two (2) witnesses or a notary public. Step 5 – Write Property CountyĪdd the county where the property is located, followed by its full legal description, which is available from the Texas Public Records department or the prior deed. Step 4 – Note ConsiderationĪfter “in consideration of the sum of” write the dollar amount paid for the property, if any, in words and in numerical value. Write the full name and mailing address (including city, county, and state) of the grantor and the grantee. This is usually the grantee (buyer) but can be anyone. Under this, add the name and address of the person who will receive the form after the County Clerk’s Office is finished recording. Step 2 – Enter Preparer’s DetailsĪdd the name and address of the person preparing the form. How to Write & File a Quitclaim Deed in Texas Step 1 – Obtain Quitclaim Deed Formĭownload the TX quitclaim deed form. You will likely need to pay a filing fee determined by the County Clerk. Per Texas Property Code § 11.001, submit the deed to the Recorder’s Office in the County Court Clerk’s Office where the property is located. You need to record the completed and notarized quitclaim deed form. Per Texas Property Code § 12.001, at least two (2) witnesses or a notary public must be present during the signing of the quitclaim deed by the grantor. A duly completed, signed and notarized quitclaim deed form is all you need to transfer the grantor’s interest in the property to the grantee. You don’t need any additional documents or legal forms. Texas has no transfer tax and therefore it is not required. The granting clause in a Texas quitclaim deed form typically uses the word “ quitclaim” or an equivalent phrase like “ remise, release, and quitclaim.”. A quitclaim deed form must be acknowledged in the presence of a notary public per Texas Property Code § 12.001. AcknowledgmentĪcknowledgment is a statement affirming that a person acted of their free will. In Texas, according to Texas Property Code § 12.001, the property owner (grantor) must sign the quitclaim deed form in the presence of two (2) or more witnesses or before a notary public. The description can also be by metes and bounds (boundaries established by natural landmarks) or by lot and block. The legal description may reference a recorded prior deed in a Texas quitclaim deed. The legal description of the property must adequately identify the property. This section provides that an unrecorded instrument is binding on a subsequent purchaser who does not pay valuable consideration for the property.īecause of the risk that a quitclaim deed form may be subject to an existing unrecorded interest, title insurance companies in the state are often reluctant to deal with them. LawsĪ quitclaim deed form in Texas, like every deed in the state, must comply with the legal requirements contained in the Texas Property Code regarding the recordation, legal description, formatting, signature and acknowledgment, and so forth.Ī unique feature of the Texas quitclaim deed is the Texas Property Code § 13.001(b) provision. To be valid, Texas quitclaim deeds must meet certain specifications. Texas Quitclaim Deed Laws and Requirements How to Write & File a Quitclaim Deed in Texas.Texas Quitclaim Deed Laws and Requirements.Whereas, a quitclaim deed form merely transfers whatever interest the owner has in the property to another person. A warranty deed will give assurance that there is no issue with the property title. This property transfer method is well suited for property transfer to a trust or between family members.īecause of Texas’ unique laws on quitclaim deed forms, home buyers may be better protected by using other types of deeds.Ī quitclaim deed differs from a warranty deed. Using a quitclaim deed form is a faster way of transferring property without going through the entire title exploration process. You can use a Texas quitclaim deed form to transfer your ownership and interest in a property you’re selling or gifting.
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