Texas Quit Claim Deed

State:
Multi-State
Control #:
US-03130BG
Format:
Word; 
Rich Text
Instant download

Description

A deed is an instrument by which an owner (the grantor) transfers an interest in land to a new owner (the grantee). No consideration is required to make the deed effective. The deed is necessary to transfer title to land even if it is a gift. It has no effect, and title does not pass until the deed has been delivered. The recording of the is not required to make the deed effective to pass title between the buyer and the seller. However, recording is necessary so that the public will know that the buyer is the present owner.


A quitclaim deed transfers whatever interest, if any, a grantor may have in the property, without specifying the interest in any way. No warranty of ownership is given. This type of deed is commonly used to clear title to property. A warranty deed transfers a specified interest and warrants or guarantees that this interest is transferred. The grantor warrants that the title is good, that the transfer is proper, and that there are no liens other than stated in the deed. The grantee can sue if the warranty is breached.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Quit Claim Deed?

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FAQ

It is merely a document that transfers whatever title may exist in the grantor to a grantee. It doesn't grant any title. It's more in the form of an estoppel than a deed. So a quitclaim deed is an instrument that denies ownership of the property at stake.

A General Warranty Deed or Special Warranty Deed may be used, however, the most common deed used after a divorce is a Special Warranty Deed. The spouse whose name is to be removed from the title will need to sign the deed in front of any notary. This can be done anywhere in the world.

There are several types of deeds people use to transfer property in Texas. While all of these deeds are valid in Texas, this doesn't mean real estate attorneys favor them. In fact, while quitclaim deeds are valid, they're not often used in Texas because they're barely considered deeds at all.

A quitclaim deed is used often by divorcing couples to transfer property that was owned by the spouses. The quitclaim transfers one spouse's interests in the property to the receiving spouse. A quitclaim deed is sometimes referred as a ?quick claim deed? or a ?quit claim deed? although these aren't the proper names.

Disadvantages and Risks of Quitclaim Deeds While quitclaim deeds offer some benefits, there are also significant risks and disadvantages associated with their use. One major disadvantage is that the grantee assumes all risks associated with the property, including any defects in the title, liens, or encumbrances.

Notarization: In order to be recorded in the register of deeds, a quitclaim deed must have been executed before a notary public. The notary's job is to ensure the signatures are valid and that the signatory appears to be acting freely and voluntarily.

Good to know: To be valid and enforceable, the transfer must be in writing and signed by the owner. The document should be filed with the County Clerk for the County in which the property is located. For example, you cannot simply say that your grandfather said he wanted you to have the property.

Texas formally set a four-year statute of limitations for competing claims. Once a quitclaim deed is recorded in the property's county, a later purchaser or lender has good-faith protection, as long as the party has no knowledge of other unrecorded claims on the property.

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Texas Quit Claim Deed