Texas Quitclaim Deed
Transfer your interest in a Texas property — between family, into a trust or LLC, or after a divorce — and download a print-ready PDF with Texas’s signing rules built in. Free, no signup.
Maintained by the SealForms editorial team · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Texas deed rules · as of 2026
- Witnesses (besides notary)
- None — notary only
- Where to record
- County Clerk (Tex. Prop. Code § 12.001(b)(2); recording in the county where the land lies)
- Transfer tax
- No state transfer tax
Source: Tex. Prop. Code § 12.001; § 5.021 (conveyance must be in writing, subscribed and delivered); § 13.006 (quitclaim/BFP rule) · verify ↗. A deed moves real property — have someone qualified review it before you sign, and record it promptly.
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Prepared by: __________
After recording, return to: __________
Quitclaim Deed
State of Texas · County of __________
This Quitclaim Deed is made on __________ by __________ and __________ ("Grantor"), in favor of __________ and __________ ("Grantee").
For and in consideration of __________ , the receipt and sufficiency of which are acknowledged, Grantor hereby remises, releases, and forever quitclaims to Grantee all of Grantor's right, title, and interest in the real property located in __________,Texas, described as follows:
__________
Parcel / Tax ID: __________
TO HAVE AND TO HOLD the premises unto Grantee and Grantee's heirs and assigns forever — without any covenant or warranty of title, express or implied.
State of Texas, County of ____________ — acknowledged before me on ____________ by the above-named Grantor(s).
Notary Public: ____________________ · My commission expires: ____________
Generated with SealFormsReflects Texas law · verified 2026
When a quitclaim deed is the right tool — and when it isn't
- Right: adding or removing a spouse after marriage or divorce, transferring into your living trust or LLC, gifts between family members, clearing a title cloud.
- Wrong: buying property from someone you don't know — a quitclaim carries no warranty of title. Use a warranty deed and title insurance for purchases.
Texas signing & recording
No — in Texas the grantor's notarized signature is enough; no separate witnesses are required (Tex. Prop. Code § 12.001(b) — deed must be '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... an officer authorized to take acknowledgments' (witnesses are only the alternative to notarization), as of 2026). Tex. Prop. Code § 12.001 — an instrument conveying real property may not be recorded unless acknowledged/sworn before an authorized officer (or the two-witness alternative); § 12.001(b)(2) also requires photo ID from anyone presenting an instrument in person. Record the signed deed with the County Clerk (Tex. Prop. Code § 12.001(b)(2); recording in the county where the land lies). Check the current Texas deed rules before recording.
Married? If the property is (or may be) your homestead, your spouse may need to sign the deed even if they are not on title — several states require it, and a deed missing that signature can be rejected for recording or invalid. Use the “Co-grantor / spouse” field above to add their signature line, and check your state’s rule before recording.
Existing mortgage? Transferring mortgaged property can trigger the loan’s “due-on-sale” clause. Federal law (12 U.S.C. §1701j-3(d), the Garn–St Germain Act) bars lenders from enforcing it for several transfers of residential property with fewer than five dwelling units — including a transfer to the borrower’s spouse or children, a transfer resulting from a divorce decree, and a transfer into an inter vivos (living) trust in which the borrower is and remains a beneficiary. The loan itself stays in place either way — nobody is released until it is refinanced. Read the statute ↗
Frequently asked questions
Does a quitclaim deed guarantee I own the property?
No — and this is the single most important thing to understand. A quitclaim deed transfers only whatever interest the grantor actually has, with no warranty of title. If the grantor's title is defective or they own nothing, the grantee receives nothing and has no claim against them. That is why quitclaims are used between people who trust each other (family, divorce, trusts) — for a purchase from a stranger, use a warranty deed and title insurance.
Does Texas require witnesses on a quitclaim deed?
No — in Texas the grantor's notarized signature is enough; no separate witnesses are required (Tex. Prop. Code § 12.001(b) — deed must be '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... an officer authorized to take acknowledgments' (witnesses are only the alternative to notarization), as of 2026). Tex. Prop. Code § 12.001 — an instrument conveying real property may not be recorded unless acknowledged/sworn before an authorized officer (or the two-witness alternative); § 12.001(b)(2) also requires photo ID from anyone presenting an instrument in person.
Where do I record the deed in Texas?
With the County Clerk (Tex. Prop. Code § 12.001(b)(2); recording in the county where the land lies) where the property is located. Recording is what makes the transfer visible to the world — an unrecorded deed can be valid between the parties but lose to a later buyer or lender who records first. Take the original signed deed, pay the recording fee, and keep the returned stamped copy.
Is there a transfer tax in Texas?
Texas does not levy a state real-estate transfer tax on deeds (as of 2026). Local recording fees still apply, and the recorder may require a cover sheet or tax form even for exempt transfers.
Can I use a quitclaim deed to remove someone from a mortgage?
No. A deed changes who owns the property — it does not touch the loan. If both names are on the mortgage, both remain liable until the loan is refinanced or the lender releases the borrower, no matter what the deed says. Signing away your ownership while staying on the loan is usually the worst of both worlds.
How does Texas compare? See the deed witness requirements in all 50 states, every rule cited to statute.
How Texas compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Texas: Tex. Prop. Code § 12.001; § 5.021 (conveyance must be in writing, subscribed and delivered); § 13.006 (quitclaim/BFP rule) ↗.
- Texas is one of 13 of 51 jurisdictions that charge no state transfer tax on deeds (38 charge a transfer or documentary tax when a deed is recorded).
- Witnesses required (beyond the notary)
Witnesses required (beyond the notary): 0, exactly the national median.
This is the most common figure nationally — shared by 45 other states.
Witnesses required (beyond the notary) in neighboring states — Arkansas (0), Louisiana (2), New Mexico (0), Oklahoma (0).
Quitclaim deed in other states
More Texas legal forms
Different state? See quitclaim deeds by state →