Texas general warranty deed

What a general warranty deed does in Texas

A general warranty deed transfers ownership and adds the full set of title covenants: the grantor promises they own the property, have the right to sell it, that it is free of undisclosed encumbrances, and that they will defend the title against any claim, including claims that arose long before they owned it. It is the standard instrument for an arm's-length sale between private parties.

The Texas law behind this deed

Start with Tex. Prop. Code §§ 5.022–5.023 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.

When Texas homeowners use a general warranty deed

• Sell a property directly to a buyer without an agent
• Transfer a property where the buyer expects full title protection
• Satisfy a purchase contract that calls for a warranty deed
• Convey property where a title company requires warranty covenants

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)).

How to complete and record it in Texas

1. 1Find 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.
2. 2Identify 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.
3. 3Complete 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.
4. 4Sign 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.
5. 5Record 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.
6. 6Update 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

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 general warranty deed does NOT do

Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.

• The covenants only bind the grantor personally. If they have no assets, a covenant claim may be worth little.
• It does not replace title insurance or a title search. It gives you a claim after the fact, not clean title today.
• It does not avoid probate and cannot be revoked once delivered and recorded.
• Signing one when you don't actually know the property's history exposes you to real liability. Where that is a concern, a special warranty deed is the safer instrument.

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.

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).