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Updated 4 months ago on . Most recent reply

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Brenda Soto
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Transfer Deed - quit claim or warranty deed. which is better in Texas.

Brenda Soto
Posted

Hello - I have a paid off home that my parents and I are on the title, but I want to remove myself from the deed. I have looked at a warranty deed transfer or a quitclaim. I am still not sure which one is sufficient for me to do. I have read that Texas usually prefers a warranty deed and looks down upon quitclaim but also that if something between family members that is just a removal it is okay.  Does anyone have any perspective on this?

thanks!

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Philip Traynor
  • Attorney
  • Dallas, TX
40
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Philip Traynor
  • Attorney
  • Dallas, TX
Replied

In Texas, unlike many other states, a quitclaim deed does not actually transfer title to property.  It is simply a disclaimer of interest in property.  It can work in very limited situations like this one, where you are just trying to remove yourself from title, but there is absolutely no reason to do so instead of a special warranty deed.  There is no downside to using a special warranty deed instead of the quitclaim deed.

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