Smith County Gift Deed Special Warranty Form

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.