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Free Quit Claim Deed Form — Texas
Use this free Texas quit claim deed form to transfer real property between individuals, family members, corporations, or trusts. Deeds are recorded with the County Clerk in the county where the property is located. Texas has no state real estate transfer tax. The deed must include the grantor's and grantee's mailing addresses and the return address for the deed after recording.
Common Uses for a Quit Claim Deed in Texas
Texas quit claim deeds are most commonly used in divorce settlements, where one spouse transfers their interest in the marital home to the other, and to add a new spouse to a property title after marriage. Because Texas is a community property state, both spouses generally need to sign when transferring marital property. Transferring property into a revocable living trust is a popular estate planning strategy in Texas. Parents and grandparents gift homes and land to adult children and grandchildren. Real estate investors throughout Texas move property into LLCs or partnerships.
Texas Quit Claim Deed Form
Texas Quit Claim Deed Form
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Your deed needs to be notarized before recording
All quit claim deeds must be notarized to be legally valid. Notarize online from your phone or computer — no travel required, available 24/7.
Texas Quit Claim Deed Requirements
Before recording a quit claim deed in Texas, make sure the document meets these requirements:
- ✓Deed must be in writing and signed by the grantor(s)
- ✓Grantor's signature must be acknowledged before a notary public
- ✓Property must be identified by its legal description
- ✓Deed must name the grantor(s) and grantee(s) by full legal name and mailing address
- ✓Return address for deed after recording must appear on the document
- ✓Must be recorded with the County Clerk in the county of the property
- ✓No state real estate transfer tax in Texas
- ✓Recording fees are paid at time of filing
After You Record Your Deed in Texas
After the County Clerk records your deed, the original is returned to the person listed in the return address on the deed, typically the grantee. Recording times and fees vary by county. The Clerk updates the official land records, and the county appraisal district uses the recorded deed to update property tax ownership records. Texas property taxes are administered by county appraisal districts and collected by various taxing entities. The grantee should update their mailing address with the appraisal district to receive future tax bills. The grantee is responsible for Texas property taxes from the date of transfer.
Texas Quit Claim Deed FAQ
Does a quit claim deed need to be notarized in Texas?
Yes. Texas requires the grantor's signature to be acknowledged before a notary public before the deed can be recorded. Online notarization through a service like NotaryLive is accepted in Texas.
Where do I record a quit claim deed in Texas?
You file the deed with the County Clerk in the county where the property is located. Texas has 254 counties, each with its own County Clerk. Recording fees vary by county and are typically based on the number of pages in the deed.
Is there a transfer tax in Texas?
No. Texas does not impose a state real estate transfer tax. The only cost at recording is the county filing fee. Texas is one of the least expensive states in which to record a real estate deed.
Can I use a quit claim deed to transfer property to a family member in Texas?
Yes. Family transfers are straightforward in Texas because there is no transfer tax. However, because Texas is a community property state, transfers of community property require both spouses to sign. Transfers of one spouse's separate property require only that spouse's signature. Consult a Texas real estate attorney if you are unsure whether the property is community or separate property.
Do both spouses need to sign a quit claim deed in Texas?
Texas is a community property state. If the property is community property (acquired during the marriage with community funds), both spouses must sign any deed conveying that property. If the property is one spouse's separate property (owned before the marriage or received as a gift or inheritance), only that spouse needs to sign. When there is any ambiguity about the property's character, both spouses should sign to avoid future title problems.
What is a legal description and where do I find it in Texas?
A legal description in Texas may be a lot and block description for property in a recorded subdivision, or a metes and bounds description for rural and unplatted property. You can find the legal description on your current deed, your title insurance commitment, or through the county appraisal district's website. A street address is not a valid legal description for a Texas deed.
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