Texas Gift Deed Special Warranty
County Specific Legal Forms Validated as recently as June 12, 2026 by our Forms Development Team
About the Texas Gift Deed Special Warranty
How to Use This Form
- Select your county from the list on the left
- 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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A Texas gift deed with a special warranty transfers real property to a family member or other recipient now, for no money, the giver standing behind the title for one carefully limited period: the giver's own years of ownership, and no further. This form prepares that deed under the conveyancing statutes of Property Code Chapter 5, pairing the gift recitals Texas case law expects with the traditional special warranty covenant.
The Middle Ground of Texas Warranties
Texas deeds run a spectrum. A general warranty deed guarantees the entire chain of title back to the sovereign; a deed without warranty carries no covenant at all. The special warranty sits between them: the grantor binds the grantor and the grantor's heirs and successors to warrant and forever defend the property against claims arising by, through, or under the grantor, but not otherwise. A defect the grantor created is the grantor's to answer for; a defect from an earlier owner is not.
The form pairs that express covenant with the statute behind the scenes. Property Code Section 5.023 implies title covenants into any deed that uses the words grant or convey unless the deed expressly provides otherwise, so this form expressly limits the implied covenants to the same by, through, or under scope. No covenant in the deed, express or implied, exceeds the special warranty.
A Completed Gift, Documented as One
No Texas statute names the gift deed; it rests on Property Code Section 5.021 and the case law of gifts, which requires donative intent, delivery, and acceptance, all three recited in operative terms with consideration of love and affection. And because property a spouse acquires by gift is separate property under Family Code Section 3.001 and Article XVI, Section 15 of the Texas Constitution, the form recites the gift characterization expressly, supporting a married grantee's separate property claim on the face of the recorded deed.
Married Grantors and Homestead
A gift deed is a lifetime conveyance, so the homestead joinder rule of Family Code Section 5.001 applies: where a married grantor conveys homestead property, the grantor's spouse joins by signing. The form carries a labeled second signature block for a second grantor or joining spouse, each signer with a separate notary certificate.
What Is Included
- The blank special warranty gift deed as a fillable PDF, completed on screen or printed and completed by hand
- A plain language guide covering every numbered section, the warranty's scope, and recording, creditor, and federal gift tax considerations in general terms
- A completed example showing the entire deed filled in for a realistic Tarrant County family gift
The document is formatted for Texas recording standards: letter size pages within Local Government Code Section 191.007, the Section 11.008 notice of confidentiality rights in 12 point capitals on page one, grantee address blanks serving Section 11.003, and reserved space for the clerk's recording stamp. A non-recorded instructions page is removed before signing.
Related Texas Forms
The Texas Gift Deed is the no-warranty companion to this form. The Texas General Warranty Deed includes general warranty covenants. The Texas Deed Without Warranty conveys real property without title warranty covenants outside the gift-deed format. The Texas Transfer on Death Deed (Individual) is designed for a transfer that occurs at the owner's death rather than as a present lifetime conveyance.
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
What Others Like You Are Saying
"Very efficient, and the samples and instructions are very easy to follow. Thank you Deeds.com"
"I had to download forms one by one: would be more convenient to have a single download for all."
"The form was short, and explainable.. so that is my feed back on that...but we have not received any…"
"Quick and easy. Lets do it again!"
"This serve was very fast and efficient. I was very pleased at how quickly I received my recorded doc…"
Common Uses for Gift Deed Special Warranty
- Remove a deceased owner from a property title
- Remove a former business partner from a property title
- Transfer a partial interest in a property
- Transfer property to finalize a real estate transaction
- Transfer property between co-owners
Compare other Texas deed forms and documents
Important: County-Specific Forms
Our gift deed special warranty 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.