Obtaining a free quitclaim deed form for Texas is a matter of visiting the website or office of a Texas county court clerk or downloading one from an online legal form provider. But before you jump in, consider the pros and cons of this deed.
How to Get a Texas Quitclaim Deed Form
If you decide to go with a quitclaim deed in Texas, it's easy enough to find a free deed form. Visit the office or website of the Texas county clerk in the county where your property is located. Alternatively, locate a free form online or in an office supply store. Many legal form companies sell fillable forms online, too. Buying a form from a reputable company usually guarantees that the form will be up to date and applicable to the laws of Texas.
Read More: Rules for Quitclaim Deeds in Texas
Texas Quitclaim Deed Versus Other Deeds
Like most states, Texas law authorizes various types of property deed. A property deed transfers legal ownership of property from one person to another. A quitclaim is juts one type of deed.
In most property sale transactions, the parties will use either a general warranty deed or a special warranty deed. Both of these types of deeds offer the grantee, or person receiving the property, some protection against title problems. A grantor, or seller, who gives a general warranty deed, for example, guarantees that there are no defects or "clouds" on the title created at any point in the property's history. If any defects show up, the seller must do everything he can to fix the property. This usually means spending money to pay off a lien or to get someone to relinquish a right of way.
A special warranty deed also protects against defects, but only those that were created while the grantor owned the property. You can purchase title insurance if your transaction involves either of these types of deeds.
When to Use a Quitclaim
A Texas quitclaim deed "quits" any claim a grantor may have in the property but it contains no promises about the title whatsoever. In fact, the grantor may not even own the property she is attempting to transfer. That means the grantor write a quitclaim deed for the White House and the deed would be valid. But, since the grantor does not own the White House, no property would actually be transferred!
Since warranties make the deed process more expensive and time-consuming, grantors making gift transfers, like those between family members, turn to cheaper, quicker alternatives. It is less important to get a title warranty when your parents are gifting you property than when you are buying it from a stranger with your hard-earned cash. For that reason, quitclaim deeds are often limited to transactions where the parties know each other, such as moving property round between family members, or to divide property up between spouses after a divorce.
Pros and Cons of Quitclaim Deeds in Texas
A quitclaim deed, sometimes erroneously called a quick claim deed, is a legal document you use to convey an interest in real property. While warranty deeds in Texas make guarantees about the property title, a quitclaim does not. It simply transfers to a grantee whatever interest the grantor may have in the real property.
However, Texas quitclaims have competition from another type of Texas deed: the conveyance deed without warranty: the Texas deed without warranty contains the same language as the warranty deeds: "grant, sell and convey." This actually establishes title in the buyer without making the grantor liable for title defects. Many Texas attorneys find the deed without warranty a better choice for gift or intrafamily transactions.
Before you decide to use a quitclaim, consider all types of conveyance deeds in Texas.
Locate a fillable Texas quitclaim deed online or visit the office of the Texas county clerk in the county where your property is located.
Teo Spengler earned a J.D. from U.C. Berkeley's Boalt Hall. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. She holds both an M.A. and an M.F.A in creative writing and enjoys writing legal blogs and articles. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Spengler splits her time between the French Basque Country and Northern California.