Texas Quitclaim Deed

A Texas quitclaim deed is a written document that a property owner (the grantor) signs to transfer whatever interest they hold in real property to another person (the grantee). Texas law does not require a covenant of warranty in a conveyance.[1.1] People most often use this deed form when ownership moves within the family, for example to give a home as a gift, add an owner, or transfer property to a spouse. Download the free form below, or use our quitclaim deed form builder.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Texas law. If you notice an error or outdated information, please contact us.

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Quitclaim Deed Laws and Requirements in Texas

Texas sets its deed rules in the Property Code. Two sections matter most for a quitclaim deed. Section 5.022 covers the form of a conveyance, and Section 12.001 covers what a deed needs before it can be recorded. The sections below explain each rule in plain words.[1][2]

The Statutory Deed Form

Section 5.022(a) of the Tex. Prop. Code sets out a statutory form of deed. Under that section, the statutory form or a form that is the same in substance conveys a fee simple estate in real property with a covenant of general warranty.[1.2]

A deed that follows the statutory form is enough to convey the grantor's interest in the property it describes. An equivalent deed that makes the parties' transaction plain is not invalid just because its wording differs.[1.2]

Section 5.022(b) adds that a covenant of warranty is not required in a conveyance. No one has to insert a warranty clause, and no one is barred from adding any other clause the parties consider proper.[1.1]

Signing and Acknowledgment

The grantor must sign the deed. Under Section 12.001 of the Tex. Prop. Code, a deed that conveys real property may not be recorded unless it is signed and acknowledged or sworn to in one of two ways. The statute puts it this way:

An instrument conveying real property may not be recorded unless: it is signed and acknowledged or sworn to by the grantor in the presence of two or more credible subscribing witnesses or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths, as applicable
Tex. Prop. Code § 12.001

In plain words, the grantor signs the deed and then does one of these:

  • Acknowledges or swears to the deed in front of two or more credible subscribing witnesses.
  • Acknowledges or swears to the deed before an officer authorized to take acknowledgments or oaths, who certifies it.

Many people use a notary public for this step. A notary public has the same authority as the county clerk to take acknowledgments of written instruments, so a notary is an officer authorized to take the acknowledgment the deed needs for recording (Tex. Gov't Code 406.016(a)(1)).[3.1]

A notary may charge a fee for taking the acknowledgment of a deed, in an amount set by state law (Tex. Gov't Code 406.024(a)).[3.2]

Recording the Deed

An instrument concerning real or personal property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law.[2.1] A person who presents a deed for recording in person must also show a photo identification to the county clerk, as Section 191.010 of the Local Government Code requires.[2.2]

Take the signed and acknowledged deed to the county clerk's office to have it recorded. The county clerk is the recording office and keeps the index to all recorded deeds (Tex. Loc. Gov't Code 193.003(a)).[4.1]

Keep a copy of the signed and acknowledged deed with your property records. A clear copy makes it easier to answer questions about the transfer later.

Once the deed is properly recorded in the proper county, it is notice to all persons that the deed exists, and it is open to public inspection (Tex. Prop. Code 13.002).[5.1]

The county clerk records the deed once the filing fees set by state law are paid (Tex. Loc. Gov't Code 118.011(a)(2)).[6.1]


Steps to Complete the Texas Quitclaim Deed Form

The FormsPal form runs five pages. Page 3 is blank, and the fields are on pages 1, 2, 4 and 5. Work through the parts below in the order they appear on the form. If you downloaded the PDF, you can fill it in on screen with our PDF editor, or print it and write by hand.

The screenshots under each step show the FormsPal Texas quitclaim deed template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Prepared By, Return To and Tax Parcel Number (page 1). Fill in the three blocks at the top of the form. Leave the space marked for the recorder's use empty.
    Texas quitclaim deed page 1 with the Prepared By, After Recording Return To and Tax Parcel Number blocks filled in
    Step 1: sample entries, not a real transaction.
  2. Date and consideration (page 1). Enter the day, month and year. Then tick the box for valuable consideration and enter the amount, or tick the box for a gift.
    Texas quitclaim deed date line and consideration box with the day, month, year and amount entered
    Step 2: sample entries, not a real transaction.
  3. Grantor (page 1). Enter the name or names of the people giving up the property, and their address.
    Texas quitclaim deed grantor lines with the grantor's name and address entered
    Step 3: sample entries, not a real transaction.
  4. Grantee (page 1). Enter the name or names of the people receiving the property after the word "unto", and their address.
    Texas quitclaim deed grantee lines with the grantee's name and address entered
    Step 4: sample entries, not a real transaction.
  5. Property location (page 1). Fill in the county and the state where the property is located.
    Texas quitclaim deed property location with the county and state entered
    Step 5: sample entries, not a real transaction.
  6. Parcel Id. and legal description (page 2). Enter the parcel ID. The form says the legal description is set out on Exhibit A, which is prepared separately.
    Texas quitclaim deed page 2 with the Parcel Id entered and the Exhibit A reference
    Step 6: sample entries, not a real transaction.
  7. No-warranty and subject-to paragraphs (page 2). Read them, because there is nothing to fill in. The form says the property passes without any warranty and subject to easements, liens and other matters of record. It also says the grantee takes on taxes and assessments for earlier tax years.
    Texas quitclaim deed no-warranty and subject-to paragraphs on page 2
    Step 7: sample entries, not a real transaction.
  8. Grantor signature block (page 4). Sign, then complete the By, Printed Name and Title lines. A second block is there for a second grantor.
    Texas quitclaim deed grantor signature block with the printed name entered
    Step 8: sample entries, not a real transaction.
  9. Witness lines (page 4). Witnesses sign the two lines under each grantor block.
    Texas quitclaim deed witness signature lines on page 4
    Step 9: sample entries, not a real transaction.
  10. Notary acknowledgment (page 5). Page 5 holds the notary acknowledgment. Complete it with the notary, who fills in the rest of the block.
    Texas quitclaim deed notary acknowledgment with the state, county, date and grantor's name entered
    Step 10: sample entries, not a real transaction.

Once the deed is signed and acknowledged, see the recording rules above before you take it to the county.

Common Uses of a Quitclaim Deed in Texas

A quitclaim deed fits cases where ownership moves between people who already trust each other. The grantor transfers only the interest they hold, and the form passes the property without any warranty, as page 2 of the form states. For that reason the deed suits an individual who wants a simple transfer inside the family.

Typical uses include:

  • A gift of a home or land to a family member.
  • Adding an owner alongside the current owner.
  • A transfer to a spouse or an ex-spouse.
  • Changing the nature of marital property.

In practice, a buyer who needs the seller to stand behind the title usually asks for a different type of deed, because a quitclaim deed carries no warranty of title.

Who must sign a Texas quitclaim deed?

The grantor, the person the interest passes from, must sign the deed. A deed that conveys real property may not be recorded unless the grantor has signed it and it has been acknowledged or sworn to as the statute describes.[2.2]

Frequently Asked Questions

What Are Texas Quitclaim Deeds?

A quitclaim deed is the document a grantor signs to pass whatever interest they have in real property to a grantee. In Texas, an instrument concerning real or personal property may be recorded once it has been acknowledged, sworn to with a proper jurat, or proved according to law.[2.1]

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Texas Property Code, published by the Texas Legislature Online.

  1. Texas Legislature Online. Texas Property Code § 5.022.
    • 1.1 Tex. Prop. Code 5.022(b)
    • 1.2 § 5.022(a)
  2. Texas Legislature Online. Texas Property Code § 12.001.
    • 2.1 § 12.001
    • 2.2 § 12.001(b)
  3. Texas Government Code §§ 406.016, 406.024
    • 3.1 § 406.016(a)(1)
    • 3.2 § 406.024(a)(5)
  4. Texas Local Government Code § 193.003
    • 4.1 § 193.003(a)
  5. Texas Property Code § 13.002
    • 5.1 § 13.002
  6. Texas Local Government Code § 118.011
    • 6.1 § 118.011(a)(2)
Published: Jun 1, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.