A quitclaim deed (or quit claim deed) is a document that transfers or conveys any ownership the person making the deed (the grantor) has in the real property (real estate) identified in the deed—but does not guarantee or warrant that the grantor does in fact have any ownership in the real estate, or that the title (ownership) is free from other claims of ownership, such as liens and encumbrances. Because the grantor makes no promises or warranties regarding the quality of the title—whether the grantor has an ownership interest to convey and whether there on liens or encumbrances on the property—it is sometimes called a non-warranty deed. In contrast, warranty deeds do provide such warranties and offer the highest level of protection to the buyer or transferee.
Because quitclaim deeds offer the least amount of protection to the buyer regarding the true ownership (title) of the real property they are often used to transfer title to real estate between family members, or between spouses dividing marital property in a divorce. Quitclaim deeds are also used to cure or fix a defect or cloud in the recorded title history of certain real property—such as a missing signature of a spouse, a failure to properly record or file documents, or a misspelled name. Quitclaim deeds are as effective as warranty deeds, but only if the title is good.
In Texas, a quitclaim deed is a legal instrument used to transfer a grantor's interest in real property without any warranty of title. This means the grantor does not guarantee that they hold valid ownership or that the property is free from other claims, such as liens or encumbrances. Quitclaim deeds are commonly utilized for transfers between family members, during the division of property in a divorce, or to correct title defects (also known as 'clouds') in the property's recorded history. However, they offer less protection to the buyer compared to warranty deeds, which assure the grantee of the quality of the title being transferred. It's important to note that while quitclaim deeds can effectively transfer ownership if the grantor's title is clear, they do not provide any guarantee or recourse for the grantee if issues with the title arise post-transfer. As with any legal document affecting real property, it is advisable to consult with an attorney to understand the implications of using a quitclaim deed in Texas.
