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.
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. Before you decide to use a quitclaim, consider all types of conveyance deeds in Texas.
Texas Quitclaim Deed Versus Other Deeds
Like most states, Texas law authorizes a general warranty deed and a special warranty deed. Both of these types of deeds offer the grantee some protection against title problems. A grantor who gives a general warranty deed guarantees against any defects in title created at any point in the property's history.
A special warranty deed warrants against defects created while the grantor owned the property. You can purchase title insurance if your transaction involves either of these types of deeds.
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.
In many states, quitclaim deeds are the only option for a quick, warrant-free deed. However, Texas law also permits a "deed without warranty." Like a quitclaim, it makes no warranties of title, so the grantor has no liability for title defects.
A Texas quitclaim deed "quits" any claim a grantor may have in the property. That means, she may have none. 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.
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. In addition, many legal form companies sell fillable forms online.