⸺ On this page
1. Which deed form to use
2. The quitclaim problem in Texas
3. What makes a deed valid
4. Recording
5. Common transfers we handle
6. Before you sign anything
7. Frequently asked questions
Which deed form to use
| Deed | What the grantor promises | Typical use |
| General warranty deed | Title is good against defects arising at any time in the property’s history, and the grantor will defend it | Standard arm’s-length sale |
| Special warranty deed | Title is good against defects arising only during the grantor’s ownership | Builders, banks, estates, and many commercial sales |
| Deed without warranty | Nothing — conveys with granting language but disclaims all warranties | Family transfers, curing title, transfers for no consideration |
| Quitclaim deed | Only releases whatever interest the grantor may have, if any | Disfavored in Texas — see below |
There are also purpose-specific instruments: a gift deed, a correction deed, an executor’s or administrator’s deed in an estate, a trustee’s deed, and the two Texas death-transfer deeds covered on our lady bird and transfer on death deed page.
The quitclaim problem in Texas
Quitclaim deeds are common in other states and people assume they work the same way here. In Texas they carry a specific defect.
A quitclaim conveys any title, interest, or claim the grantor may hold, but it does not profess that valid title exists and carries no covenants at all. Texas courts have historically treated a quitclaim grantee as being on notice that the title may be defective — which can prevent that grantee from qualifying as a bona fide purchaser for value without notice. Under Texas Property Code § 13.001, that protected status is exactly what defeats an earlier unrecorded conveyance.
What this means at the closing table. Texas title insurers frequently will not insure over a quitclaim in the chain of title, or will insure only subject to an exception that makes the policy far less useful. A quitclaim that seemed like a tidy solution years ago becomes the reason a sale will not close.
Use a deed without warranty instead. It accomplishes the same goal — transferring whatever interest the grantor has, with no promises about title — but uses standard “grant, sell, and convey” language and expressly excludes warranties. It protects the grantor from title liability and it stays insurable. If you already have a quitclaim in your chain of title, bring it in; it is often curable.
What makes a deed valid
A Texas deed needs all of these:
- In writing. Real property conveyances must be written and signed by the grantor.
- Identifiable grantor and grantee. Names spelled correctly and marital status stated where it matters.
- Granting language showing intent to convey now — typically “grant, sell, and convey.”
- An adequate legal description. A street address is not enough. The lot, block, subdivision, and recording reference, or a metes-and-bounds description, is what identifies the land.
- Signature of the grantor — and of the grantor’s spouse if the property is homestead (Family Code § 5.001).
- Delivery and acceptance. A signed deed nobody ever handed over generally conveys nothing.
- Acknowledgment before a notary — required to record it.
The legal description is where do-it-yourself deeds fail. An incorrect or incomplete description can convey the wrong land, convey nothing, or cloud the title to a neighboring parcel. Pull the description from the existing recorded deed, not from the tax statement.
Recording
A deed takes effect between grantor and grantee on delivery. Recording is what makes it effective against everyone else.
Texas Property Code § 13.001
A conveyance of real property 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 for record as required by law. An unrecorded instrument is binding on the parties to it, on their heirs, and on a subsequent purchaser who does not pay valuable consideration or who has notice of the instrument.
Record with the county clerk in every county where any part of the land sits. Keep the file-stamped copy. If a deed was signed years ago and never recorded, record it now and tell us — the gap may need to be addressed before the property can be sold.
Common transfers we handle
Adding or removing a spouse after a marriage, a divorce, or a refinance.
Divorce transfers, including the special warranty deed and any owelty lien contemplated by the decree.
Into a revocable living trust, drafted so the homestead stays a qualifying trust under Property Code § 41.0021.
Into an LLC for rental property, with the due-on-sale and homestead exemption consequences explained first.
Gifts to children — usually after a conversation about whether a lifetime gift is really what you want.
Correction deeds for names, marital status, and legal descriptions.
Deeds out of an estate by an executor or administrator, or following a muniment of title
Curing quitclaims and other defects already in a chain of title.
Before you sign anything
A deed is permanent. Unlike a will, you cannot change your mind later. Once a deed is delivered and recorded, the property belongs to the grantee, and getting it back requires their cooperation or a lawsuit.
Adding a child to your deed is a present gift. It exposes the property to that child’s creditors, divorce, and judgments; it requires their signature to sell or refinance; it can trigger gift tax reporting; it forfeits the full step-up in basis they would have received at your death; and it can create a Medicaid transfer penalty. A lady bird or TOD deed usually accomplishes the real goal without any of that.
Check the due-on-sale clause. Garn-St Germain (12 U.S.C. § 1701j-3) protects several transfers on residential property of fewer than five units — to a spouse or child, on divorce, on the borrower’s death to a relative, and into a qualifying inter vivos trust. A transfer into an LLC is not on that list.
Check the homestead exemption. A qualifying trust preserves it. An LLC generally does not. Verify with the county appraisal district after any transfer.
Married? The homestead needs both signatures. Family Code § 5.001, regardless of whose name is on title.
Frequently asked questions
What are the deed types in Texas?
Three are commonly used. A general warranty deed warrants title against defects arising at any point in the property’s history and is standard in an arm’s-length sale. A special warranty deed warrants only against defects arising during the grantor’s ownership, and is common from builders, banks, and estates. A deed without warranty conveys the property using granting language but gives no warranty at all. A fourth, the quitclaim, is disfavored in Texas.
Why do Texas title companies dislike quitclaim deeds?
Because a quitclaim conveys only whatever interest the grantor happens to have, without professing that any title exists. Texas courts have treated a quitclaim grantee as being on notice of possible defects, which can prevent them from qualifying as a bona fide purchaser under Texas Property Code § 13.001. Title insurers therefore see an uninsurable gap. In Texas the correct instrument for the same job is a deed without warranty — it uses standard granting language, disclaims all warranties, and remains insurable.
What makes a Texas deed valid?
It must be in writing, identify the grantor and the grantee, contain granting language conveying the property, describe the property sufficiently, be signed by the grantor, and be delivered to and accepted by the grantee. To be recorded it must also be acknowledged before a notary. A deed is effective between the parties on delivery; recording is what protects the grantee against third parties.
Do I have to record my deed in Texas?
Yes, in practice. Texas Property Code § 13.001 makes an unrecorded conveyance void as to a subsequent purchaser for valuable consideration without notice, and as to creditors. Record in the real property records of the county clerk in every county where the land lies, and do it right away — not eventually.
Can I add my spouse or child to the deed myself?
You can sign a deed, but doing it without advice is one of the most common ways Texans create expensive problems. Adding a child to a deed is a present gift that can trigger gift tax reporting, expose the property to that child’s creditors and divorce, forfeit the step-up in basis they would have received at your death, create a Medicaid transfer penalty, and require their signature to sell or refinance. There is usually a better tool — often a lady bird or transfer on death deed.
Will a deed transfer trigger my mortgage's due-on-sale clause?
It can. Most mortgages let the lender accelerate the loan on transfer. Federal law (the Garn-St Germain Depository Institutions Act, 12 U.S.C. § 1701j-3) bars enforcement for several categories on residential property of fewer than five dwelling units — including a transfer to a relative resulting from the borrower’s death, a transfer to a spouse or child, a transfer resulting from divorce, and a transfer into an inter vivos trust where the borrower remains a beneficiary and there is no change in occupancy rights. Transfers outside those categories, including a transfer into an LLC, are not protected.
Will transferring my house affect my homestead exemption?
It can, and this is worth checking before you sign. A transfer into a properly drafted qualifying trust preserves homestead status under Texas Property Code § 41.0021. A transfer to an LLC or to a child who does not live there generally does not, and can cost you the exemption and any over-65 tax ceiling. Confirm with the county appraisal district after any transfer.
What is a correction deed?
An instrument used to fix an error in a recorded deed — a misspelled name, a wrong legal description, a missing marital status. Texas distinguishes between non-material corrections, which can be made more simply, and material corrections, which generally require execution by the original parties or their successors. Do not simply re-record a marked-up copy; a defective correction can cloud title worse than the original error.
Written and reviewed by Jireh Davis, J.D., MBA
Attorney and mediator at J. Davis Law & Mediation. Licensed in Texas. Practice focused on estate planning, probate, and business law for families and owners across Harris, Fort Bend, Montgomery, Tarrant, and Dallas Counties.
Last reviewed: September 2026 · Citations are to the Texas Estates Code, Texas Property Code, and federal law as noted.
Related pages
Lady Bird & TOD Deeds
The two Texas deeds that transfer at death without probate.
Transferring Property After a Death
When the person on the deed has already passed.
Closings
How the deed fits into the rest of a Texas closing.