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Understanding Quitclaim Deeds

By Elizabeth R. Elstien

What Is A Quitclaim Deed?

A quitclaim deed is a short legal document transferring a person's rights to real estate to another. The one transferring rights is known as the grantor. The one receiving rights is known as the grantee. Grantor's rights may be transferred in lieu of certain consideration or money, but more often a quitclaim deed is used to add or remove a person from the property title. According to the Texas Property Code Annotated 5.022, no covenant of warranty is needed. Covenant of warranty assures or guarantees title; agreement or assurance by grantor of property that grantee or heirs/assigns will enjoy property without interruption.

How Is It Transferred?

The quitclaim deed must be in writing and conveyed and transferred to the grantee by the grantor for recording. Although Texas does not require the quitclaim deed be recorded as part of the public record, the title insurance company does require it be recorded.

How Often Are Quitclaim Deeds Used?

Quitclaim deeds usually are used just to add or remove a spouse or other person from the property title. These are rarely used to transfer interest in a property from seller (grantor) to buyer (grantee) because of the lack of covenant of warranty. Property sales in Texas use a warranty deed, which contains a covenant of warranty, to transfer property from seller to buyer.

What Must The Quitclaim Deed Include?

The quitclaim deed must include:

  • complete and accurate legal description of property
  • names of all parties involved
  • address of grantee
  • address where property tax bills are mailed
  • return address for county clerk to return document after recording
  • original signatures
  • notarization
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About The Author

Elizabeth R. Elstien has worked in real estate for over 15 years as a real estate...

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