A quitclaim deed is legal in Texas, but it is the least trusted deed in the state. Texas law treats a quitclaim as a warning that something may be wrong with the title, so the person receiving one generally cannot claim the protection of a good-faith purchaser, and title companies have long been reluctant to insure through one. Most Texas attorneys use a deed without warranty or a special warranty deed instead.
In most states a quitclaim is the routine form for family transfers. In Texas the same piece of paper can make land harder to sell for years. A 2021 statute softened that, but only after four years have passed.
For how quitclaims work in general, see what a quitclaim deed is. This page is about why Texas is different.
Why Texas distrusts quitclaims
A quitclaim does not say 'I convey this land.' It says 'I release whatever right, title and interest I may have.' Texas courts have read that wording literally for well over a century. The signer is not claiming to own anything, so the person receiving the deed is treated as being on notice that the title may be defective.
That matters because of how the Texas recording law works. Under Property Code section 13.001, an unrecorded deed or lien is void against a later buyer who pays value, acts in good faith, and has no notice of it. That buyer is called a bona fide purchaser, and the status is what protects you from claims you could not have found.
A quitclaim breaks that protection. Because the deed itself counts as notice of possible problems, a person who takes title by quitclaim has historically not qualified as a bona fide purchaser. Worse, the problem did not stay with that one person. A quitclaim anywhere in the chain of title put every later buyer on notice too.
The practical result:
- Title companies balk. A quitclaim in the chain is a flag an underwriter has to resolve, and many would not insure through one without more documents or a wait.
- Buyers and lenders follow the title company. No title policy usually means no loan and often no sale.
- The quitclaim you sign today becomes the next owner's problem. A relative who receives land this way may find it hard to sell.
The 2021 fix: Property Code 13.006
The Texas Legislature addressed this in 2021 with Senate Bill 885, which added section 13.006 to the Property Code, effective September 1, 2021.
The statute is short. After the fourth anniversary of the date a quitclaim deed is recorded in the county where the land is located, the quitclaim:
- does not affect the question of the good faith of a subsequent purchaser or creditor, and
- is not notice to a subsequent purchaser or creditor of any unrecorded conveyance, transfer or encumbrance.
In plain terms, once a quitclaim has been on record for four years, it stops poisoning the chain. A later buyer can be a bona fide purchaser even though a quitclaim sits in the history.
What it does not do:
- It does nothing for the first four years. A recent quitclaim is still the same red flag it always was.
- It protects later purchasers and creditors. It does not turn the quitclaim itself into a warranty, and it does not give the original recipient any promise about title.
- It does not cure real defects that are on record. A recorded lien or a recorded competing deed is still notice.
- The Texas Real Estate Research Center at Texas A&M reads it as applying to quitclaims recorded on or after the effective date. If your chain has an older quitclaim, ask a title company how they treat it.
Whether a given title company will insure is still an underwriting decision. The statute made it easier. It did not make it automatic.
What Texas uses instead
| Deed | Conveys the land itself? | Promise about title | Typical Texas use |
|---|---|---|---|
| General warranty deed | Yes | Seller warrants title against all claims, back through the whole chain | Standard home and land sales |
| Special warranty deed | Yes | Seller warrants only against claims arising by, through or under the seller | Commercial sales, estates, trustees, investors |
| Deed without warranty | Yes | None | Family transfers, divorce, title clean-up |
| Quitclaim | Only whatever interest the signer may have | None | Releasing a doubtful or possible claim |
The deed without warranty is the usual substitute. Like a quitclaim, it makes no promise about title. Unlike a quitclaim, it uses words of conveyance, so it transfers the property and not just a possible interest. The grantor's risk is the same and the grantee's position is better. Many Texas forms sold as a 'quitclaim' would serve the family better rewritten as a deed without warranty.
The special warranty deed is the usual choice when money changes hands but the seller will not vouch for the whole history, which is common with inherited land and investor sales.
The wording is what decides which kind of deed you have, not the title at the top of the page. This is attorney work. For a wider comparison see quitclaim deed vs warranty deed.
A quitclaim still has a proper use in Texas: getting a release from someone who might have a claim, such as an ex-spouse, a possible heir or a neighbor in a boundary dispute.
Signing and recording
To be recorded, a Texas deed has to be signed by the grantor and acknowledged before a notary or other authorized officer. Property Code section 12.001 is the rule. The grantee does not need to sign.
Other points the county clerk will look for:
- Grantee's mailing address. Under Property Code section 11.003, a deed should include a mailing address for each grantee. If it does not, the clerk still has to accept it but charges a penalty filing fee, the greater of $25 or twice the normal recording fee.
- Legal description. Use the full description from the prior recorded deed. Rural Texas land is often described by metes and bounds, and a copied error passes down the chain.
- Original signatures, unless you are e-recording.
You record with the county clerk in the county where the land is located.
| Cost | Amount |
|---|---|
| Recording, first page | $25 in Travis, Bexar and Denton counties |
| Each additional page | $4 in those counties |
| State or county transfer tax | None |
| Missing grantee address | Penalty of $25 or twice the recording fee, whichever is greater |
Fees are similar in most Texas counties, but confirm with the clerk before mailing a check.
No transfer tax in Texas
Texas charges no transfer tax or documentary stamp tax on a deed. The Texas Constitution goes further: Article VIII, section 29 bars the Legislature from enacting a transfer tax on a conveyance of fee simple title to real property.
So the cost of recording a deed in Texas is the clerk's fee and nothing else. Federal gift tax reporting and capital gains are separate questions for a tax professional.
Community property and homestead
Two Texas rules decide who has to sign.
Community property. Texas is a community property state. Land acquired during a marriage is generally presumed to belong to both spouses, even if only one name is on the deed. A buyer or title company will usually want both spouses to sign, or proof the land is one spouse's separate property, such as an inheritance or a purchase before the marriage.
Homestead. Under Family Code section 5.001, neither spouse may sell, convey or encumber the homestead without the other spouse joining, whether the homestead is community property or one spouse's separate property.
Bare land you have never lived on is usually not homestead. But a Texas rural homestead can take in acreage around the home, and a title company cannot tell from the deed. Expect to be asked for a spouse's signature or a written statement that the land is not homestead.
Inherited land adds another layer, since several heirs may each hold a share. A quitclaim from one of them moves only that share. See how to sell inherited land and our page on selling probate land.
If you are selling, you do not draft the deed
In a sale that closes at a title company, the title company's attorney prepares the deed, almost always a general or special warranty deed, and records it. That is the case whether you list with an agent or sell land in Texas to a cash buyer. You do not need a quitclaim to sell.
If your title already has a quitclaim in it, that is not fatal. It may mean extra documents or a title company willing to work through it.
The bottom line
Texas allows quitclaim deeds but penalizes them. A quitclaim counts as notice of possible title problems, which has kept recipients from being bona fide purchasers and made title companies cautious. Property Code 13.006 removes that effect for later buyers only after the quitclaim has been recorded for four years.
For a family transfer, ask a Texas attorney about a deed without warranty instead. It has to be notarized and recorded with the county clerk, typically around $25 for the first page and $4 for each additional page, with no transfer tax.
If the goal is to sell the land and be done, request a cash offer. We pay the closing costs, and the title company handles the deed.
This guide is general information, not legal advice. Deed, tax and recording rules change and differ by county, so confirm the details with your county recorder or an attorney before you sign or file anything.