Texas Quitclaim Deed (Short Form)
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How to fill out Quitclaim Deed (Short Form)?
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FAQ
A warranty deed makes a promise to the buyer that the seller has good title to the property. A quitclaim deed, on the other hand, makes no promises. A quitclaim deed just says; whatever interest I have in this property, I give to you.
In most cases, a quitclaim may not be accepted to transfer title in Texas due to the lack of warranty. Quitclaims do not transfer title. Quitclaims are generally not sufficient in Texas for title companies to insure property title.
Prop. Code Ann. §§ 13.001 to 13.005) by adding a new Section 13.006 relating to quitclaim deeds. SB 885 provides that four years after recording a quitclaim deed, a subsequent purchaser or creditor for value without actual notice of other unrecorded claims on the property has good faith protection.
Prop. Code Ann. §§ 13.001 to 13.005) by adding a new Section 13.006 relating to quitclaim deeds. SB 885 provides that four years after recording a quitclaim deed, a subsequent purchaser or creditor for value without actual notice of other unrecorded claims on the property has good faith protection.
Section 13.001 - Validity of Unrecorded Instrument (a) A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed ...
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 quitclaim allows a person to transfer property to another person with a simple deed. The basic idea is that all the rights and claims of being a property owner are relinquished and legally turned over to someone else.
Many states allow quitclaim deeds between close relatives and spouses, because relatives and spouses generally know whether the title is good or not, and because these are relationships where there is a fair amount of trust. Texas still discourages its residents from using quitclaim deeds, even for these transactions.
