Texas Quit Claim Deed Form
A Texas Quit Claim Deed is one of four (4) main types of Deeds available for use in the state. Unlike the other types of Deeds, it does not protect the person receiving interest in real property (the “Grantee”) with any guarantees or warranties that the person offering it (the “Grantor”) indeed possesses it. As these are fundamental features of this type of Deed, legal experts generally advise that so long as the Grantee undertakes risk reduction strategies to protect themselves, this contract is safe to use.
In Texas, however, Quit Claim Deeds are generally cautioned against. The reason being that in addition to the usual risks involved, § 13.001(b) of the Texas Property Code establishes that if a Grantee receives a title for no consideration (as is typically the case for this type of Deed), any previous conveyances including unrecorded conveyances will be binding.
In short, due to the fact that Texas state law upholds recorded and unrecorded conveyances, it is impossible to know what interest the Grantor actually holds. This means that there is basically no way for the Grantee to be sure whether the Grantor is offering a good title or not. This leaves their title vulnerable to being challenged by another party who executed a conveyance prior to theirs but failed to record it. The safest option in Texas is therefore to opt for a type of Deed that offers the Grantee greater protections, such as a Warranty Deed.
Laws (Section 5.022): Texas Property Code, Title 2: “Conveyances,” Chapter 5: “Conveyances”