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Real property

quitclaim deed

A quitclaim deed—also known as a quitclaim—is a deed that transfers whatever interest the grantor (purported owner) has in a piece of real property to the grantee (buyer)—but does not represent or warrant that the grantor’s title (ownership) is valid (that the grantor has any ownership interest in it) or free from liens or encumbrances.

A quitclaim deed only purports to convey the grantor’s present interest in the land (if any) and does not purport to convey the land itself. Thus, if the grantor were to acquire an interest in the land after executing (signing) a quitclaim deed, the grantor would retain that interest, as the grantor did not have it at the time the grantor executed the quitclaim deed.

In Texas, a quitclaim deed is a legal instrument that transfers the grantor's rights, title, and interest in a property to a grantee, without any warranties of title. It is often used to clear up title issues or transfer property between family members. The quitclaim deed conveys only what interest the grantor has at the time of the transfer, if any, and does not guarantee that the title is clear of liens or encumbrances. This means that if the grantor does not actually own the property, or if there are issues with the title, the grantee receives no legal recourse against the grantor under the quitclaim deed. Additionally, if the grantor later acquires an interest in the property, that interest is not passed to the grantee because it was not owned by the grantor at the time the quitclaim deed was executed. It's important to note that quitclaim deeds are not as commonly used in Texas as in some other states, and Texas law has specific requirements for the execution and recording of deeds to be valid.

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