A Texas deed without warranty does something a quitclaim deed does not: it conveys the property itself, using the traditional words of grant, while the grantor still makes no warranty of title. That single distinction is why Texas title professionals treat a deed without warranty as a real deed and a quitclaim as something less. This form prepares a deed without warranty for one grantor under Chapter 5 of the Texas Property Code.

Conveys the Property, Warrants Nothing

The operative language grants, sells, and conveys the property to the grantee, to have and to hold, but adds that the conveyance is without express or implied warranty. The grantee receives whatever title the grantor holds and takes the property subject to every lien, easement, and other matter affecting title. If a title problem surfaces later, the grantor is not on the hook, because the grantor promised nothing about the state of the title. What the grantor does convey is the property, and the deed says so in words, which is what keeps it on the deed side of the line rather than the quitclaim side.

The Section 5.023 Trap a Careful Deed Closes

Texas builds two covenants into the very words a deed uses to convey. Under Property Code Section 5.023, the words grant and convey imply that the grantor has not already conveyed the estate to someone else and that the property is free of encumbrances, unless the deed expressly provides otherwise. A document labeled without warranty that simply grants and conveys can still carry those implied covenants by operation of the statute. This form closes that gap: it states that it conveys without express or implied warranty and expressly excludes both the common law warranties and the Section 5.023 implied covenants, so the deed carries no warranty at all rather than a hidden one.

Deed Without Warranty or Quitclaim

Both instruments leave the grantee without warranty protection, so people often treat them as the same. Texas law does not. A quitclaim conveys only the grantor's right, title, and interest, if any, and signals doubt about the grantor's title, which can cloud the chain and delay a later good faith purchaser. A deed without warranty conveys the property itself, and Texas courts decide which an instrument is by reading the whole document, not the caption at the top. This form conveys the property in express terms and states that it does so. Where the intent is only to release a possible claim, the Texas Quitclaim Deed recites that narrower conveyance instead.

Homestead, Marriage, and Signing

Because a deed without warranty is a present conveyance, the homestead joinder rule reaches it. Texas Family Code Section 5.001 requires both spouses to join in a conveyance of the homestead, whether the homestead is community property or one spouse's separate property, so the form provides a separate joinder line for a spouse who is not a grantor. The grantor signs before a notary, a joining spouse acknowledges on a separate certificate, and the deed is recorded with the county clerk of the county where the property is located. The package includes the fillable deed, a completed example for a realistic Travis County transfer, and a plain language guide covering every section, signing, and recording. The materials are informational and are not legal advice.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Deed Without Warranty (Individual)

Transfer property into a new ownership arrangement
Transfer property to finalize a real estate transaction
Transfer property into or out of a trust
Transfer property between family members

Compare other Texas deed forms and documents

Easement Deed (Ingress and Egress) General Warranty Deed (Individual Grantor) General Warranty Deed (Joint Grantors) General Warranty Deed with Vendor Lien (Individual Grantor) General Warranty Deed with Vendors Lien (Third-Party Lender) Deed Without Warranty (Two Grantors) Easement Deed (In Gross - Utility) Gift Deed Without Warranty Gift Deed Special Warranty Release of Easement Special Warranty Deed (Individual Grantor) Special Warranty Deed (Joint Grantors) Grant Deed (Individual Grantor) Grant Deed (Joint Grantors) Quitclaim Deed Correction Deed Deed Without Warranty (Signed by Attorney-in-Fact) Transfer on Death Deed (Individual) Transfer on Death Deed (Joint Owners with Right of Survivorship) Transfer on Death Deed (Community Property with Right of Survivorship) Community Property Survivorship Agreement Revocation of Community Property Survivorship Agreement Enhanced Life Estate Deed Revocation of Transfer on Death Deed (Individual) Revocation of Transfer on Death Deed (Joint Owners) Affidavit of Death (Transfer on Death Deed Beneficiary) Executor Deed (Independent Executor) Administrator Deed (Independent Administrator) Personal Representative Deed Under Court Order Affidavit of Heirship Heirship Deed (Special Warranty by Heirs) Disclaimer of Interest Trustee Deed Certificate of Trust Mineral Deed (General Warranty) Mineral Deed (No Warranty) Mineral Deed (Special Warranty) Royalty Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our deed without warranty (individual) forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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