Texas special warranty deed
Here is what Texas actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do. Deedly is not preparing Texas deeds at this time.
- Recording office
- County Clerk
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 2″ top
- Recording fee
- ~$25 first page
- E-recording
- Professional filers
What a special warranty deed does in Texas
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders commonly use it.
The Texas law behind this deed
Start with the warranty deed statute, Tex. Prop. Code §§ 5.022–5.023. A special warranty deed narrows its promise to the time the grantor owned the property. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Warranty deeds (the form a special warranty deed narrows) | Tex. Prop. Code §§ 5.022–5.023 |
| Conveyances generally | Tex. Prop. Code § 5.021 |
| Recording with the County Clerk | Tex. Prop. Code chs. 11–12; Tex. Loc. Gov't Code § 191.007 |
| Homestead and spousal consent | Tex. Const. art. XVI, § 50 |
When Texas homeowners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What Texas requires on the deed
These are the execution and formatting rules for Texas deeds. A deed that is not acknowledged cannot be recorded (Tex. Prop. Code § 12.001(b)). A formatting defect does not stop recording: a Texas clerk may not refuse a deed for one, though some double the page fee (Tex. Loc. Gov't Code § 191.007(h), (k)).
| Requirement | What Texas says |
|---|---|
| Recording office | County Clerk |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 2-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 8pt. |
A spouse may have to sign even if they are not an owner
Both spouses must join to convey homestead property, even if only one spouse holds title (Tex. Const. art. XVI, § 50; Tex. Fam. Code § 5.001).
How to complete and record it in Texas
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Clerk can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedIt needs the wording, notary certificate, and 2-inch first-page margin used for Texas deeds. You can prepare your own deed, or a Texas attorney can prepare it for you.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Record it with the County ClerkFile in the county where the property is located and pay the recording fee. Texas lets only attorneys, lenders, title companies and government filers e-record (Tex. Loc. Gov't Code § 195.003(a)); counties of 500,000 or more people may approve other submitters by agreement (§ 195.003(a-1)). If you prepared the deed yourself, plan to record in person or by mail unless your county's website says it accepts filings from the public. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Texas
| Cost | Typical amount |
|---|---|
| Recording fee | About $25 for the first page and roughly $4 per additional page |
| Transfer tax | None in this state |
| Notary | Texas caps the notary fee for an acknowledgment at $10 for the first signature and $1 for each additional signature (Tex. Gov't Code § 406.024). An online notary may add up to $25 for an online notarization (§ 406.111). |
| Attorney | $150–$700 to prepare the deed |
Texas imposes no state real estate transfer tax, so the recording fee is normally your only cost beyond notarization.
Where to record it in Texas
Texas deeds are recorded with the County Clerk in the county where the property sits, not where you live. There are 254 counties in Texas.
Texas lets only attorneys, lenders, title companies and government filers e-record (Tex. Loc. Gov't Code § 195.003(a)); counties of 500,000 or more people may approve other submitters by agreement (§ 195.003(a-1)). If you prepared the deed yourself, plan to record in person or by mail unless your county's website says it accepts filings from the public.
Recording offices we cover in Texas: Harris, Dallas, Tarrant, Bexar, Travis, Collin, Denton, Fort Bend, Hidalgo, El Paso, Montgomery, Williamson. See all Texas recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of Texas law that catch people out
- Texas has no real estate transfer tax, and its Constitution bars new ones (art. VIII, § 29). Recording a deed costs the county's recording fees, with no transfer tax added.
- Texas homestead rules are strict. Both spouses must sign to sell or mortgage a homestead even when only one spouse is on the title, and separation alone does not change that. The exceptions need a court: a spouse judicially declared incapacitated (Tex. Fam. Code §§ 5.002–5.003) or a court order on a sworn petition (§§ 5.101–5.102).
- Texas offers BOTH transfer-on-death deeds (Est. Code ch. 114) and lady bird deeds. The TOD deed is statutory and predictable. Texas has no lady bird deed statute: that deed rests on common-law life estates, and Texas Medicaid policy recognizes it (HHSC MEPD Handbook I-3100).
- Texas does not imply survivorship. Community property with right of survivorship needs a written agreement signed by both spouses (Tex. Est. Code § 112.052). It can be signed on the deed itself or as a separate recorded agreement.
- Counties such as Harris ask for a 2-inch space at the top of page one for the clerk's recording label. Texas law sets no margin and does not let a clerk charge extra for one (Tex. Loc. Gov't Code § 191.007(a)).
- Texas lets only attorneys, lenders, title companies and government filers e-record (Tex. Loc. Gov't Code § 195.003(a)). Counties of 500,000 or more people may approve other submitters by agreement (§ 195.003(a-1)). If you prepared the deed yourself, plan to record in person or by mail unless your county's website says otherwise.
How to hold title in Texas
When two or more people take title in Texas and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Texas: joint tenancy with right of survivorship, tenancy in common, community property, and community property with right of survivorship.
Married couples
Property either spouse has during marriage is presumed to be community property (Tex. Fam. Code § 3.003). Property acquired during marriage is community unless it is separate property, such as a gift or inheritance (§§ 3.001–3.002).
Texas does not imply survivorship. Community property with right of survivorship requires a written agreement signed by both spouses (Tex. Est. Code §§ 112.051–.052).
Deedly is not preparing Texas deeds at this time
Texas law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a Texas attorney can prepare it for you.
Common questions
Not if you prepare the deed yourself. Texas law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a Texas attorney can prepare it for you. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Clerk. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $25 for the first page and roughly $4 per additional page. Texas has no state real estate transfer tax, so the recording fee is normally the whole cost. The state sets $5 for the first page and $4 for each additional page (Tex. Loc. Gov't Code § 118.011). A county may add a records management and preservation fee and a records archive fee of up to $10 each (§§ 118.0216, 118.025), so the total depends on the county: Harris, Dallas, Bexar and Travis charge $25 for the first page and $4 per additional page, and a county that adopts lower fees charges less. Hidalgo and Cameron may add up to $10 more (§ 118.0131).
No. Texas requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the County Clerk in the county where the property is located, not where you live, and not where the buyer lives. Texas has 254 counties. Texas lets only attorneys, lenders, title companies and government filers e-record (Tex. Loc. Gov't Code § 195.003(a)); counties of 500,000 or more people may approve other submitters by agreement (§ 195.003(a-1)). If you prepared the deed yourself, plan to record in person or by mail unless your county's website says it accepts filings from the public.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. Both spouses must join to convey homestead property, even if only one spouse holds title (Tex. Const. art. XVI, § 50; Tex. Fam. Code § 5.001). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically.
Keep reading
- Texas quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Texas general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Texas transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Texas lady bird deedAn enhanced life estate deed: you keep total control for life, and the property passes automatically at death.
- All deed rules for TexasRecording offices, transfer tax, witness rules, and fees.
- Texas recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.