The type of deed used will depend on the parties’ relationship and their knowledge of the title’s history.
Contents |
Types (8)
Deed of Trust – An agreement between a lender, purchaser, and trustee wherein the trustee holds the title to a property until the purchaser repays the lender in full.
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General Warranty Deed – A deed where the grantor guarantees their right to transfer the title and provides the grantee complete protection against all title encumbrances.
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Gift Deed – A gift deed is used to transfer real estate without an exchange of payment between the grantor and the grantee.
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Lady Bird Deed – Transfers the property to a beneficiary named in the deed upon the owner’s death and, unlike a transfer-on-death deed, does not need to be recorded with the county clerk.
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Life Estate Deed – Grants someone the right to live in and use the property for life. When that individual dies, full ownership transfers to another party without the need for probate.
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Quit Claim Deed – Cannot include warranties against title encumbrances or verify the grantor’s right to transfer the title.
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Special Warranty Deed– Protects against title encumbrances that occurred after the grantor took possession of the property but does not cover prior encumbrances.
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Transfer on Death Deed – A type of quit claim deed that enables a grantee to receive a grantor’s title upon their death.
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Laws & Requirements
- Statutes: Chapter 5 – Conveyances
- Formatting: § 191.007, § 11.002, § 11.003, § 11.008, § 12.009 (for deeds of trust), § 12.0011
- Signing Requirements (§ 12.001(b)): Notary Public or Two (2) Witnesses
- Where to Record: County Clerk’s Office
- Recording Fees (§ 118.011(2)): $5 for the first page + $4 for each additional page.
- Property Disclosure Statement (§ 5.008): Before completing a sale of a single-dwelling residence, the seller must give the buyer this disclosure documenting any issues affecting the premises. Multi-dwelling residences may be conveyed without this form.