Texas Quitclaim Deed: What the Statutes Say and Selling Real Estate
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Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.
Texas statutes do not define a quitclaim deed. We searched the full Property Code Chapter 5 text and found no section on it, and the only place the term appears in the statutes we opened is Civil Practice and Remedies Code Sec. 16.025(b). This guide covers the rules that apply to every deed, the one statutory mention and what we could not confirm.
Rules that apply to any deed
A conveyance of land must be in writing and signed and delivered by the grantor or an agent authorized in writing (Property Code Sec. 5.021). A conveyance that purports to pass a greater right than the grantor can lawfully pass transfers only what the grantor owns (Sec. 5.003).
The implied covenants in Sec. 5.023 arise from the words grant or convey in a conveyance of fee simple. The statute does not describe a deed that passes only the grantor’s interest without those words, so we do not state the commonly described effect of a quitclaim from an official source.
Recording
To be recorded, any deed must be acknowledged or sworn, or signed before two credible witnesses, and a person presenting it in person must show photo ID to the county clerk (Sec. 12.001). Record it in the county where the land is located.
A recorded instrument with defects such as acknowledgment problems can be treated as lawfully recorded after it has been of record two years, and suits over certain technical defects must be brought within two years after filing, except forgeries (CPRC Sec. 16.033).
The adverse possession mention
The five-year adverse possession period does not apply to a claim based on a quitclaim deed, a forged deed or a deed under a forged power of attorney (CPRC Sec. 16.025(b)). See our guide to Texas adverse possession.
What we could not confirm
- A statutory definition of a quitclaim deed, or its legal effect.
- Any official Texas quitclaim form. The statutory short form in Sec. 5.022 is for general warranty.
- Tax, title insurance and due-on-sale effects, or use of quitclaims between spouses or into a trust.
Title companies often care a great deal about how a deed was worded. If you hold property through a quitclaim, ask the title company what it needs before you list. We buy houses as-is and can work through title questions with you.
How to sell a house in Texas when your ownership comes from a quitclaim deed
- Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
- Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
- Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
- If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.
Texas quitclaim deed FAQ
Does Texas law define a quitclaim deed?
We found no definition in Property Code Chapter 5. The only mention in the statutes we opened is Civil Practice and Remedies Code Sec. 16.025(b).
What do I need to record a deed in Texas?
The grantor must acknowledge or swear to it, or sign before two credible witnesses. In-person filers must show photo ID to the county clerk (Property Code Sec. 12.001).
Does a quitclaim deed count for five-year adverse possession?
No. The five-year period does not apply to a claim based on a quitclaim deed (CPRC Sec. 16.025(b)).
Can I sell a house I received by quitclaim?
Often yes, but the title company decides what it requires. Ask early.
Sources
- Texas Property Code, Chapter 5 (Conveyances)
- Texas Property Code, Chapter 12 (Recording)
- Texas Civil Practice and Remedies Code, Chapter 16
This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.