Real Estate Legal Advice
When it comes to buying or selling property in San Antonio, the deed is one of the most important documents you’ll handle. A deed is the legal instrument that transfers ownership of real estate from one party to another. But here’s where many homeowners get confused — not all deeds are created equal.
While there are multiple ways to legally transfer property in Texas, there’s one type of deed you may want to avoid: the quitclaim deed.
Understanding Quitclaim Deeds vs. Warranty Deeds
Before you understand what a quitclaim deed does, it helps to compare it to a warranty deed—the standard for most real estate transactions in Texas.
A warranty deed guarantees that the seller has clear, legal ownership of the property and has the right to transfer it. It protects the buyer against future claims by ensuring that no one else can claim a superior title.
A quitclaim deed offers no such guarantee. Instead, it simply transfers whatever ownership interest the seller may have — if any at all. It’s a fast way to pass ownership, but without a warranty, the buyer assumes all risk if there are title defects or competing claims later on.
When Are Quitclaim Deeds Used?
Quitclaim deeds are rarely used in typical Texas real estate sales for good reason. However, there are a few situations where they might make sense — usually when trust exists between both parties. Common scenarios include:
- Parents transferring property to their children
- Siblings dividing inherited property
- Adding a spouse’s name to a property title
- Removing an ex-spouse after a divorce
In these cases, the absence of a warranty may not pose a problem because the transfer stays within the family or between parties with an established relationship.
Why Texas Homeowners Should Be Cautious
While quitclaim deeds are legal in all 50 states and fairly common elsewhere, Texas stands out as an exception. A unique section of the Texas Property Code treats unrecorded title transfers as binding on later buyers, which creates uncertainty in the title chain. For this reason, most Texas title insurance companies won’t insure titles that have quitclaim deeds in their history.
To a potential buyer, a quitclaim deed can be a red flag — raising questions about whether the title is clean and marketable.
Choosing The Right Deed For Your Situation
All of this doesn’t mean quitclaim deeds are completely off the table in Texas — but you should be extremely cautious. For most transactions, a warranty deed is the better choice for protecting your property rights and ensuring smooth financing and resale.
No matter which deed you’re considering, never sign or accept a property transfer in Texas without first consulting an experienced real estate attorney.
Dan Burke has over 15 years of experience helping San Antonio homeowners and property investors make smart, legally sound decisions. He’ll review your options, explain the risks and handle the paperwork properly — so you don’t run into costly surprises down the road.
Protect Your Property With Dan Burke Law
Transferring property shouldn’t be stressful — or risky. If you’re planning to buy, sell or transfer property in San Antonio, Dan Burke is here to help you navigate the details confidently.
Request your free consultation today, and get clear, friendly advice from a trusted real estate lawyer who puts your best interests first.
