Quit Claim Deeds Texas

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Quit Claim deed texas

A Quit Claim Deed is a common method used to transfer title to real estate property in some states, but it should not be used in Texas.

Good to know: Many mortgage companies based in states outside of Texas often tell their customers to use a Quitclaim Deed to add or remove someone on the deed to a house. Such as removing an ex-spouse from the deed. Unfortunately, this will not work in Texas.

In Texas, you need a Warranty Deed to properly add or remove a person’s name to or from the ownership of a house. Either a General Warranty Deed or a Special Warranty Deed should be used.

Note: A Quit Claim Deed is also known as a Quick Claim Deed, Quick Deed, or, simply and most correctly, a Quitclaim.

When used appropriately, Quitclaims are used to give up or relinquish any claims or interest in a property.

A Quit Claim Deed does not transfer title to real estate property in Texas.

Board Certified by the Texas Board of Legal Specialization in Residential Real Estate Law

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Good to know: Here are a few examples of when some people may believe they could use a Quit Claim Deed:

When spouses divorce, one spouse may want to sign a deed transferring the property to the other spouse.
If a property owner dies, one heir may want to transfer the property to another heir.
When a property owner gets married, the owner may want to sign a deed to add his or her new spouse to the title.
If a newlywed property owner wants to get a loan on the property, most mortgage companies will require the new spouse be added to the title.

USING A QUITCLAIM FOR ANY OF THE EXAMPLES ABOVE WOULD BE WRONG.

In each example, it is recommended that a General Warranty Deed be used. Do not use a Quit Claim Deed.

Keep in mind that removing your name or your ex-spouse’s name from the title ownership of the property DOES NOT REMOVE your name or your ex-spouse’s name from the MORTGAGE loan.

The only way to get a name off the mortgage is for the MORTGAGE COMPANY to release the person from the loan, which is hard to do.

Most mortgage companies require that the loan be paid off or refinanced to change the names on the mortgage.

Note: A quitclaim gives no warranty of title, which is why many sellers may prefer it or try to use it. However, buyers should use a Warranty Deed.

Quitclaims may sometimes be used when there is a Boundary Line dispute between adjoining land owners.

warranty deed vs quit claim deed

Sometimes it may be unclear whether you should use a warranty deed vs quit claim deed. In most cases, it is recommended that a buyer use a General Warranty Deed. If you have any questions about quitclaims, call and speak directly with attorney Scott Steinbach at 972-960-1850 for a free consultation.

A quitclaim gives no warranty of property title. Instead, it is used to show that the person signing the document is not making any claims to the property. He or she is “quit claiming” the property.

Relinquishes claims to a property but does not actually transfer title in Texas.
Does not contain any warranty or covenants of title.
Title companies in Texas may not insure title without warranty.

A document with the title Quitclaim Deed on a wooded desk with a calculator, blue pen and glasses.

Quick Claim Deeds

Sometimes referred to as Quick Claim Deeds, this document is actually a Quit Claim Deed. They are the same deed. Most correctly, it should be referred to as Quitclaim.

Good to know: Whenever possible, we recommend the use of Warranty Deeds to transfer property title.

However, in a few circumstances, a quit claim deed might be a stepping stone to a warranty deed.

Points about Quitclaim:

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. Title companies may require a warranty or guarantee that the property is free of any liens or encumbrances.
If you choose to use a “fill in the blank” quit claim deed form, you may inadvertently be using a deed that is incorrect or inadequate for the transfer you want to make.
Correct language and descriptions are needed. It may be difficult and costly to correct errors once the document has been publicly recorded.

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Board Certified by the Texas Board of Legal Specialization in Residential Real Estate Law in Texas. For Texas Property Deeds.

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Do you have questions about a Quit Claim Deed? Call and speak directly with attorney Scott Steinbach at 972-960-1850. Or email him at scott@texaspropertydeeds.com.

R. Scott Steinbach is licensed in the state of Texas. Board Certified by the Texas Board of Legal Specialization in Residential Real Estate Law. AV Preeminent rated by Martindale-Hubble. Peer rated for Highest Level of Professional Excellence.

Texas Property Deeds is a service of The Steinbach Law Firm.

The Steinbach Law Firm is a Texas Real Estate Law Firm. We prepare all documents for any real estate transaction in Texas.