Contents
Form Example
Texas Quitclaim Deed Template
This Quitclaim Deed is made on this ____ day of __________, 20___, by and between:
Grantor: ______________________________________
Address: ______________________________________
and
Grantee: ______________________________________
Address: ______________________________________
WITNESSETH, that the Grantor, for and in consideration of the sum of $____________, the receipt of which is hereby acknowledged, does hereby grant, convey, and quitclaim unto the Grantee, all that certain parcel of land situated in the County of __________________, State of Texas, described as follows:
Legal Description: ______________________________________________________________________
This conveyance is made subject to all easements, restrictions, and covenants of record.
TO HAVE AND TO HOLD the above-mentioned premises unto the Grantee, their heirs and assigns forever.
The Grantor hereby covenants that they are the lawful owner of the property described above and that they have full right and authority to convey the same. The Grantor warrants that the property is free from any encumbrances, except as specifically stated herein.
IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed as of the day and year first above written.
_______________________________
Grantor: (Signature) ______________________________________
_______________________________
Grantee: (Signature) ______________________________________
STATE OF TEXAS
COUNTY OF ___________________
Before me, the undersigned authority, on this day personally appeared __________________________________________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this ____ day of __________, 20___.
_______________________________
Notary Public, State of Texas
My Commission Expires: ___________________
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Common mistakes
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Incorrect Property Description: One common mistake is failing to provide a complete and accurate description of the property. The description should include the address and any relevant legal descriptions to ensure clarity.
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Improper Signatures: All parties involved must sign the deed. A missing signature can render the document invalid. Ensure that all grantors and grantees sign where required.
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Not Notarizing the Document: A quitclaim deed typically requires notarization. Without a notary's signature and seal, the deed may not be legally enforceable.
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Failure to Include Date: Omitting the date of execution can lead to confusion regarding when the transfer took place. Always include the date to establish a clear timeline.
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Ignoring Local Filing Requirements: Different counties may have specific requirements for filing a quitclaim deed. Not checking these requirements can result in delays or rejection of the document.
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Not Providing Consideration: While a quitclaim deed does not require monetary exchange, stating some form of consideration (even if it's nominal) is often necessary to validate the transfer.
Key takeaways
When dealing with a Texas Quitclaim Deed, it’s essential to understand the key aspects to ensure a smooth process. Here are some important takeaways:
- Purpose of the Quitclaim Deed: This form is primarily used to transfer ownership of property without guaranteeing that the title is clear. It’s often used between family members or in situations where the parties know each other well.
- Filling Out the Form: Be sure to include the names of both the grantor (the person giving up the property) and the grantee (the person receiving the property). Accurate information is crucial.
- Property Description: Clearly describe the property being transferred. This includes the address and any relevant legal descriptions to avoid confusion later.
- Signatures Required: The grantor must sign the deed in front of a notary public. This step is vital to validate the document.
- Recording the Deed: After completing the Quitclaim Deed, it should be filed with the county clerk’s office where the property is located. This step makes the transfer official and public.
- Consulting a Professional: While a Quitclaim Deed is relatively straightforward, consider consulting a lawyer or real estate professional if you have any doubts. Their expertise can help avoid potential pitfalls.
Steps to Using Texas Quitclaim Deed
Once you have the Texas Quitclaim Deed form ready, it’s essential to complete it accurately to ensure proper transfer of property rights. Follow these steps carefully to fill out the form correctly.
- Obtain the Form: Download the Texas Quitclaim Deed form from a reliable source or visit your local county clerk’s office to get a physical copy.
- Enter Grantor Information: Fill in the name of the person transferring the property (the grantor) along with their address.
- Enter Grantee Information: Provide the name of the person receiving the property (the grantee) and their address.
- Describe the Property: Include a legal description of the property being transferred. This can often be found on the property’s deed or tax records.
- Include Consideration: State the amount of consideration, or payment, for the property. If it is a gift, you may indicate “for love and affection.”
- Sign the Form: The grantor must sign the form in the presence of a notary public. Ensure the signature is clear and matches the name provided.
- Notarization: Have the notary public complete their section, which includes their signature and seal.
- File the Deed: Submit the completed Quitclaim Deed to the county clerk’s office in the county where the property is located. There may be a filing fee.