Warranty Deed in Texas: Types, Rules, and Recording Steps

Written and reviewed by the iRunDocs Editorial Team. Last updated: October 2, 2026.

This article is general educational information about Texas deeds. It is not legal advice, and iRunDocs is not a law firm. Real estate transfers can carry tax, title, lending, and family-law consequences, so talk to a Texas real estate attorney or a title company before you sign anything you are unsure about.

A warranty deed in Texas is the written instrument a property owner signs to transfer land or a house to someone else while promising that the title is good. It is the deed most Texas buyers expect in a sale, and it is the one title companies usually prepare at closing. If you have searched for "what is a warranty deed in Texas," "Texas deed requirements," or "cash warranty deed Texas," you are probably trying to answer one of three practical questions: which kind of deed fits your transfer, what the deed has to contain to be accepted by the county clerk, and what happens after it is signed.

This guide answers those questions in plain English. It walks through the deed types Texas practitioners use, the pieces a recordable deed needs, sample wording you can adapt, a step-by-step preparation and recording process, a worked example, and the mistakes that most often cause problems later. When you are ready to put your own draft together, you can create a warranty deed with the iRunDocs generator and review the full PDF preview before you pay for anything.

In this guide

• What a warranty deed is in Texas
• The main types of Texas deeds and how they compare
• When a warranty deed is the right tool
• Texas deed requirements, piece by piece
• Sample wording you can adapt
• Step by step: preparing and recording a Texas warranty deed
• Worked example: a cash sale between neighbors
• How to obtain a copy of an existing Texas warranty deed
• Special situations to think through
• Common mistakes with Texas warranty deeds
• When to bring in a title company or a Texas attorney
• Frequently asked questions
• Official sources worth checking
• Putting it together

What a warranty deed is in Texas

A deed is the document that actually moves ownership of real property from one person or entity (the grantor) to another (the grantee). A contract of sale, an earnest money receipt, or a closing statement can describe a deal, but the deed is the instrument that conveys the title. Texas Property Code section 5.021 requires a conveyance of an interest in land of this kind to be in writing, signed by the person conveying it (or that person's authorized agent), and delivered.

A warranty deed is a deed in which the grantor does more than hand over whatever interest they happen to hold. The grantor also makes promises, called warranties or covenants, about the title. The most important of those promises is the obligation to "warrant and forever defend" the title: if someone later shows up with a valid claim that existed when the deed was signed, the grantor has agreed to stand behind the grantee. That promise is what separates a warranty deed from a deed without warranty or a quitclaim deed.

The granting language Texas law recognizes

Texas has a short statutory deed form in Property Code section 5.022 built around the words "grant, sell, and convey." Most Texas deeds, including the forms title companies use, keep that phrase. Section 5.023 adds that when a deed uses the word "grant" or "convey," certain basic covenants are implied unless the deed says otherwise: in general terms, that the grantor has not already conveyed the same interest to someone else, and that the property is free of encumbrances the grantor created, other than those disclosed in the deed. Those implied covenants are narrower than a full general warranty, which is why Texas warranty deeds also include an express warranty clause.

What "warranty" adds in practice

The warranty is a promise from a person, not an insurance policy. It is only as valuable as the grantor's ability and willingness to honor it years later. That is one reason most financed purchases in Texas also involve an owner's title insurance policy: the warranty deed sets out the seller's promises, while the title policy is a separate contract in which an insurer agrees to cover defined title losses. Title insurance premiums in Texas are set by the Texas Department of Insurance rather than negotiated freely, so the premium for a given policy amount is generally the same from company to company, although the services and fees around closing can differ.

For a buyer, the practical takeaway is simple. A warranty deed is the strongest form of deed a seller commonly gives in Texas, it should be paired with a title search, and in most sales it should also be paired with title insurance.

The main types of Texas deeds and how they compare

People often talk about "a warranty deed" as if there were one form. In Texas practice there are several closely related deeds, and choosing the right one is the first real decision in the process.

General warranty deed

A general warranty deed warrants title against everyone. The grantor promises to defend the title against the lawful claims of "every person whomsoever," including claims that arose before the grantor ever owned the property. This is the broadest protection a buyer can receive from a seller and is the default expectation in many residential sales.

Special warranty deed

A special warranty deed limits the warranty to claims arising "by, through, or under" the grantor. In other words, the grantor promises that they did not create title problems while they owned the property, but they make no promise about defects created by earlier owners. Builders, lenders selling foreclosed homes, estates, trusts, and commercial sellers often insist on a special warranty deed. Buyers who accept one usually rely more heavily on the title commitment and the owner's title policy to cover the earlier history.

Warranty deed with vendor's lien

When a buyer uses a mortgage loan to pay the seller, Texas closings often use a warranty deed with vendor's lien. The deed recites that part of the price was paid by a lender on the buyer's behalf, and it retains a vendor's lien and superior title in favor of that lender. The lien sits alongside the lender's deed of trust and gives the lender an additional basis for its security interest. The lender's closing instructions normally dictate this wording, so it is usually prepared by the title company or the lender's counsel rather than drafted from scratch.

"Cash warranty deed": what people usually mean

"Cash warranty deed" is not a separate statutory category. It is the informal name many Texans, title companies, and form books use for a general (or sometimes special) warranty deed in a sale where no vendor's lien is retained, typically because the buyer paid cash or the seller is not financing anything. If someone asks you for a "cash warranty deed," the safest reading is: a warranty deed with no vendor's lien language. Confirm which warranty (general or special) the parties actually agreed to in the sales contract.

Deed without warranty and quitclaim deed

A deed without warranty conveys the property itself but makes no promises about title. A quitclaim deed, by contrast, conveys only whatever right, title, or claim the grantor may have, which might be the full ownership, a partial interest, or nothing at all. Texas title practice treats quitclaim deeds cautiously, and many title companies will not insure a sale that depends on one without further curative work. For clearing up a cloud on title between family members, quitclaims are sometimes used, but for a sale, a warranty or special warranty deed is usually the better fit. Our warranty deed vs. quitclaim deed guide goes deeper on that choice.

Texas deed types at a glance

Deed type	What the grantor warrants	Typical use	Buyer protection
General warranty deed	Title against claims by anyone, including earlier owners	Most residential sales between individuals	Strongest promise a seller commonly gives
Special warranty deed	Only claims arising by, through, or under the grantor	Builders, lenders, estates, trusts, commercial sellers	Moderate; buyer relies more on title insurance
Warranty deed with vendor's lien	Usually a general warranty, plus a retained vendor's lien	Purchases paid partly with a mortgage loan	Same warranty; lien language protects the lender
"Cash" warranty deed (informal)	General or special warranty, with no vendor's lien	All-cash sales	Depends on which warranty is used
Deed without warranty	No promises about title	Gifts, family transfers, transfers to your own entity	Low; conveys the property but no warranty
Quitclaim deed	Nothing; conveys only whatever interest the grantor has	Clearing a possible claim or cloud on title	Lowest; title companies treat cautiously

When a warranty deed is the right tool

A warranty deed makes sense whenever the grantee is giving real value and expects clean title in return. Common Texas situations include:

• A traditional sale. The buyer pays the seller, through a title company, and receives a general warranty deed (or a warranty deed with vendor's lien when a lender is involved).
• A sale between people who already know each other. Neighbors, relatives, or business partners sometimes close a sale without a real estate agent. A warranty deed still gives the buyer meaningful promises, and recording it protects the buyer against later claims.
• A seller-financed sale. The seller conveys by warranty deed and the buyer signs a promissory note and a deed of trust back to the seller. Texas has specific rules for seller-financed residential sales, so get advice before using this structure.
• Moving property into your own LLC. Owners sometimes transfer rental property into an entity they control. A special warranty deed or deed without warranty is often used here because the owner is effectively warranting title to themselves, but check your loan documents first, since many mortgages restrict transfers.
• Adding or removing a co-owner. A deed from one spouse to both spouses, or from co-owners to one of them, is often done with a special warranty deed or a deed without warranty depending on what each party wants to promise.

A warranty deed is usually not the right tool when the grantor genuinely does not know what interest they hold, when the transfer is a gift and the grantor is unwilling to stand behind the title, or when the owner has died. In those situations a deed without warranty, a quitclaim, an affidavit of heirship, a probate order, or a transfer on death deed may fit better.

Texas deed requirements, piece by piece

No single Texas statute lists every element in one place, but the requirements come together from the Property Code, county clerk recording standards, and long-standing title practice. A deed that covers each item below is far more likely to be accepted for recording and to survive a title examiner's review later.

Writing, signature, and delivery

The deed must be written and signed by the grantor. If an agent signs, the agent's authority must be documented. Delivery matters too: a deed generally takes effect when the grantor delivers it with the intent to transfer ownership and the grantee accepts it. A signed deed left in a drawer, never handed over, can create disputes about whether a transfer ever happened.

Grantor and grantee names

Use the grantor's name exactly as it appears in the deed by which they acquired the property (often called the vesting deed). If the name has changed through marriage or otherwise, show the current name and the prior name, for example "Jane Doe, formerly known as Jane Roe." For an entity, use the full legal name as registered with the Texas Secretary of State, and have the person signing state their title. For grantees, decide how they will hold title before you draft, because the wording of the grantee clause is how co-ownership is created. Spouses, unmarried co-owners, and co-owners who want a right of survivorship each call for different language, and a survivorship arrangement in Texas generally needs to be stated in writing to be effective.

Include a mailing address for the grantee. Many deeds also show the grantor's address. County clerks and appraisal districts rely on these addresses for returned documents and tax notices.

Marital status, community property, and the homestead

Texas is a community property state, and it has strong homestead protections. Two rules matter most at the deed stage:

• Marital status. Title examiners want to know whether the grantor is married. Stating it in the deed ("a single person," "a married person," "husband and wife") helps the examiner decide whose signatures are needed.
• Homestead joinder. Under Texas Family Code section 5.001, a spouse generally may not sell, convey, or encumber the family homestead without the other spouse joining in the transaction. That is true even if only one spouse's name appears on the title. If the property is or might be a homestead, plan for both spouses to sign.

These are the issues that most often turn a simple do-it-yourself deed into a title problem, so they deserve extra care.

Legal description

A street address is not a legal description. The deed needs a description that identifies the land precisely, usually one of these:

• Lot and block. For subdivided property: lot number, block number, subdivision name, and the recording reference for the plat in the county's records, such as the volume and page or instrument number.
• Metes and bounds. For acreage and unplatted land: a boundary description from a survey, describing courses and distances from a starting point.
• Reference to a prior deed. Sometimes used in addition to one of the above, for example "being the same property described in the deed recorded as Instrument No. ___ in the Official Public Records of ___ County, Texas."

The safest practice is to copy the legal description word for word from the vesting deed or the title commitment and then proofread it against the source. A single wrong lot number or bearing can convey the wrong land.

Consideration

Most Texas deeds recite consideration in a general way, such as "for Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which are acknowledged." That recital is common and acceptable. The actual sale price does not have to appear in the deed, and Texas does not have a statewide real estate transfer tax that would require it.

Reservations and exceptions, including minerals

A reservation keeps something for the grantor. An exception carves something out of the warranty. Texas deeds often need both:

• Mineral reservations. In Texas the mineral estate can be owned separately from the surface. If the grantor owns minerals and wants to keep some or all of them, the deed should say so expressly. If it is silent, the grantor's mineral interest will generally pass to the grantee along with the land. Reservations made by earlier owners stay in place regardless of what your deed says. Mineral language is easy to get wrong and can be worth real money, so it is one of the strongest reasons to involve an attorney.
• Exceptions to the warranty. Recorded easements, restrictive covenants, prior mineral reservations, and similar matters are usually listed as "permitted exceptions" so the grantor is not warranting against things the buyer already accepted. In a title company closing, these normally come from Schedule B of the title commitment.
• Taxes for the current year. Deeds commonly state that the grantee assumes current-year property taxes, with proration handled at closing.

Notice of confidentiality rights

Texas Property Code section 11.008 requires a specific notice at the top of the first page of an instrument that transfers an interest in real property to or from an individual. The notice must appear in at least 12-point bold or uppercase type and tells individuals they may remove their Social Security number or driver's license number before the document is filed. The statute supplies the exact wording, which is reproduced in the sample section below. Confirm it against the current Property Code before you rely on it.

Acknowledgment before a notary

For a deed to be recorded in Texas, Property Code section 12.001 generally requires it to be acknowledged, sworn to, or proved according to law. In practice that means the grantor signs before a notary public, who completes a certificate of acknowledgment. Texas does not generally require subscribing witnesses on a properly acknowledged deed. Texas also permits online notarization through notaries commissioned for it, which some title companies use for remote signings.

Recording-ready formatting

County clerks apply recording standards for legibility, paper size, and margins, and they charge recording fees set under Texas law, typically per document plus per page. Rules about blank space at the top of the first page, return-address blocks, and electronic recording vary in the details by county, so check the county clerk's website for the county where the property sits before you print the final version.

Sample wording you can adapt

The clauses below show typical Texas deed language. They are illustrations to help you understand what each part does, not a complete deed and not a substitute for advice on your transaction. Replace everything in brackets.

Notice of confidentiality rights (top of page one)

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

Parties and consideration

Grantor: [Full legal name], [marital status]. Grantor's mailing address: [address]. Grantee: [Full legal name(s) and manner of holding title]. Grantee's mailing address: [address]. Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.

Granting clause

Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever.

General warranty clause

Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty.

Special warranty alternative

Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor, but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty.

Reservations and exceptions

Reservations from Conveyance: [None.] or [Grantor reserves an undivided ___ interest in the oil, gas, and other minerals in and under the Property.] Exceptions to Conveyance and Warranty: validly existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and other instruments, other than liens and conveyances, that affect the Property; and taxes for the current year, which Grantee assumes.

Two notes on the sample. First, the exception language is intentionally broad because it mirrors common form-book wording; a buyer may want it narrowed to the specific recorded items listed in the title commitment. Second, a warranty deed with vendor's lien needs additional lender-specific language, which should come from the lender or title company.

Step by step: preparing and recording a Texas warranty deed

The order below works for most straightforward transfers. In a title company closing, the title company handles many of these steps for you.

1. 1Confirm the deal and the deed type. Read the sales contract or agreement between the parties. Note whether it calls for a general warranty deed, a special warranty deed, or a deed with vendor's lien, and whether any minerals are being reserved.
2. 2Get the vesting deed. Obtain a copy of the deed by which the grantor acquired the property from the county clerk's records. It shows how title is currently held and contains the legal description you will reuse.
3. 3Check for problems early. Look for existing mortgages, judgment liens, tax liens, unreleased old loans, and anything that suggests a missing owner. A title search or title commitment is the most reliable way to do this.
4. 4Settle the signers. Identify every person who must sign: all record owners, any spouse whose joinder is needed for a homestead, and an authorized officer or manager for an entity grantor.
5. 5Draft the deed. Include the confidentiality notice, parties with mailing addresses, consideration, legal description, granting clause, reservations, exceptions, warranty clause, signature block, and acknowledgment. You can build the deed in the iRunDocs warranty deed generator, which walks through these fields and shows a live preview.
6. 6Proofread against the sources. Compare names, the legal description, and recording references word for word with the vesting deed and title commitment.
7. 7Sign before a notary. Each grantor signs in front of a notary, who completes the acknowledgment. Bring government-issued photo identification.
8. 8Deliver the deed. Hand the original to the grantee or the title company handling the closing, with the intent that ownership transfer now.
9. 9Record it promptly. File the original with the county clerk in the county where the property is located, in person, by mail, or by e-recording where the county offers it, and pay the recording fee.
10. 10Follow up. Keep the recorded copy, confirm the transfer appears in the county's index, notify the insurance carrier, and check that the county appraisal district updates ownership. A new owner who lives in the home should consider applying for a residence homestead exemption with the appraisal district.

Why recording matters even though the deed is already valid

Between the grantor and the grantee, a signed and delivered deed can be effective without recording. Recording protects the grantee against everyone else. Under Texas Property Code section 13.001, an unrecorded conveyance is generally void as to a creditor or a later purchaser who pays value without notice of it. In plain terms, if you do not record and the seller later sells or borrows against the same property, your position can be at serious risk. Record as soon as you can after delivery.

Worked example: a cash sale between neighbors

Here is a simplified illustration with fictional people and property. It shows how the pieces fit together; it is not a template for any particular transaction.

The facts. Daniel Ortiz, a married man, owns a small rental house on a platted lot in a Texas county. He and his wife, Elena, live elsewhere, so the rental is not their homestead. Their neighbor, Priya Shah, a single woman, agrees to buy the house for cash. They sign a simple written sales contract that calls for a general warranty deed, no mineral reservation, and a title policy at the buyer's expense through a local title company.

Gathering the facts. Priya's title company pulls Daniel's vesting deed, which shows that he acquired the property before his marriage. It identifies the property as Lot 14, Block 3, of a named subdivision, with the plat recorded at a specific volume and page. The title commitment lists a recorded utility easement and the subdivision's deed restrictions in Schedule B, plus a paid-off mortgage from years ago that was never formally released.

Curing the problem. The title company asks the old lender for a release of lien and records it before closing. Without that release, the unreleased lien would cloud the title even though the loan was paid.

Who signs. Because the property was acquired before marriage, it is likely Daniel's separate property, and it is not a homestead. Even so, many title companies ask a spouse to sign or confirm in some form to rule out a homestead or community-property claim. Daniel's title company decides whether Elena needs to join; this is a judgment call that belongs to them or to Daniel's attorney, not to the buyer.

The deed. The general warranty deed names "Daniel Ortiz, a married person" as grantor and "Priya Shah, a single person" as grantee, recites the standard ten-dollar consideration, copies the legal description exactly from the vesting deed, states "Reservations from Conveyance: None," and lists the utility easement and deed restrictions as exceptions to the warranty. Because Priya paid cash, there is no vendor's lien language. This is the deed people would casually call a "cash warranty deed."

Signing and recording. Daniel signs before a notary at the title company, the funds are disbursed, and the title company e-records the deed with the county clerk the same day. Priya receives the recorded deed later, along with her owner's title policy, and contacts the appraisal district to confirm the ownership change.

The lessons from the example: the legal description came from the record, not memory; a stale lien was found and released before closing; spousal joinder was considered deliberately; and the deed was recorded immediately.

How to obtain a copy of an existing Texas warranty deed

A common search is "how to obtain a warranty deed," and it usually means one of two things: getting a copy of a deed that already exists, or getting a new deed prepared for a transfer.

For an existing deed, contact the county clerk in the county where the property is located. Recorded deeds are public records in the county's Official Public Records. Many Texas counties offer an online search by name or instrument number, and you can usually order plain copies or certified copies for a fee. A certified copy is the version to request when a court, lender, or agency wants official proof. The county appraisal district's website can also help you find the current owner's name and sometimes a reference to the recorded deed.

If you need a new deed because property is changing hands, the deed is prepared, signed, and recorded as described above. The grantor signs it; the grantee does not get a deed simply by asking the county for one.

Special situations to think through

Signing under a power of attorney

If an agent will sign the deed for the owner under a durable power of attorney, Texas law generally requires that power of attorney to be recorded in the county clerk's office of the county where the property is located when it is used for a real property transaction. Title companies will also review whether the document actually grants authority over real estate. If you are setting up that authority in advance, you can prepare a power of attorney with iRunDocs and then confirm the recording requirements with the title company.

Transfers after an owner dies

A deceased person cannot sign a deed. Depending on the circumstances, Texas property may pass through probate, through a transfer on death deed the owner signed and recorded during life (authorized by Chapter 114 of the Texas Estates Code), or with supporting documents such as an affidavit of heirship. Title companies differ in what they will accept, so ask before assuming a particular route will work.

Gifts between family members

A parent can convey property to a child by deed, and the deed can be a warranty deed if the parent is comfortable making the warranty. Many family gifts use a deed without warranty instead. Federal gift tax reporting and the effect on the child's tax basis are separate questions worth raising with a tax professional before the transfer.

Divorce and co-owners

When a divorce decree awards a house to one spouse, the other spouse usually signs a deed to implement the decree, often a special warranty deed. If a mortgage is involved, removing a name from the deed does not remove that person from the loan.

Property with an existing mortgage

A deed does not pay off or transfer a mortgage. If the seller's loan is not paid at closing, the buyer takes title subject to it, and many loans contain a due-on-sale clause. Sales "subject to" an existing loan carry serious risk for both parties and deserve professional advice.

Common mistakes with Texas warranty deeds

• Using a street address instead of a legal description. The deed can be rejected by a title examiner or, worse, convey the wrong land.
• Leaving out the spouse on a homestead. Missing homestead joinder is one of the most frequent Texas title defects.
• Mismatched names. A grantor name that differs from the vesting deed without explanation slows or blocks title insurance later.
• Forgetting the confidentiality notice. Missing the section 11.008 notice is avoidable and may cause the clerk or title company to ask for a corrected deed.
• Unclear co-ownership language. If two people take title and you want survivorship, the deed or a separate written agreement needs to say so clearly.
• Silent mineral language. Grantors who meant to keep minerals sometimes lose them by not reserving them; grantees sometimes assume they received minerals that earlier owners had already reserved.
• Not recording. An unrecorded deed leaves the buyer exposed to later purchasers and creditors who had no notice of it.
• Assuming the warranty replaces title insurance. The warranty depends on the grantor's ability to pay; a title policy is an insurer's contractual obligation.
• Signing outside a notary's presence. A notary should not acknowledge a signature that was not made or acknowledged in front of them, and a defective acknowledgment can make the deed unrecordable.
• Transferring mortgaged property without checking the loan. A transfer can trigger a due-on-sale clause or violate loan covenants.

When to bring in a title company or a Texas attorney

Plenty of Texans prepare their own deed for a simple transfer, and a clean draft can save time and money. Bring in a professional when any of the following apply: a lender is involved; the property is or may be a homestead and both spouses are not cooperating; minerals are being reserved or are already split; an owner has died; the property is in a trust or entity and authority is unclear; there are liens, judgments, or boundary disputes; or the transaction is seller-financed. Note too that in Texas, preparing legal instruments such as deeds for other people is generally considered the practice of law, so a friend or a non-lawyer service should not be drafting a deed for you as a professional service. Preparing your own deed for your own property is different.

Frequently asked questions

What is a warranty deed in Texas, in one sentence?

It is a signed, written instrument that transfers Texas real property and includes the grantor's promise to defend the title against valid claims, either against everyone (general warranty) or only against claims arising through the grantor (special warranty).

Does a Texas warranty deed have to be notarized?

To be recorded, a Texas deed generally must be acknowledged before a notary, sworn to, or proved according to law. A properly acknowledged deed generally does not need witnesses.

Does a warranty deed have to be recorded to be valid?

Between the grantor and the grantee, a delivered deed can be effective without recording. Recording is what protects the grantee against later purchasers and creditors, so it should be done promptly.

What is a cash warranty deed in Texas?

It is an informal name for a warranty deed used where no vendor's lien is retained, usually because the buyer paid cash. It is still a general or special warranty deed; the wording of the warranty should match what the parties agreed.

Is a warranty deed the same as a title?

Not exactly. Texas does not issue a separate certificate of title for land the way it does for cars. Ownership is shown by the chain of recorded deeds and other instruments in the county records. The warranty deed is one link in that chain.

Do both spouses have to sign a Texas warranty deed?

Not always, but if the property is a homestead, Texas law generally requires both spouses to join in a sale even if only one is on title. Community property questions can also make a spouse's signature advisable. A title company will tell you what it requires.

Can I write my own warranty deed in Texas?

Generally yes, for your own property. The deed must meet recording standards and accurately reflect the transfer, and errors can be expensive to fix. For anything beyond a simple transfer, have it reviewed by a Texas real estate attorney.

How much does it cost to record a deed in Texas?

Recording fees are set under Texas law and charged by the county clerk, generally based on the document and number of pages. Check the county clerk's current fee schedule before you file. Texas does not impose a statewide transfer tax on deeds.

What is the difference between a warranty deed and a deed of trust?

A warranty deed transfers ownership to the buyer. A deed of trust is the security instrument a borrower signs to give a lender a lien on the property; it does not transfer ownership to the lender in the ordinary sense.

Official sources worth checking

For the current text of the rules mentioned in this guide, go to the primary sources: the Texas Property Code (chapters 5, 11, 12, and 13 cover conveyances, recording, acknowledgments, and the effect of recording), the Texas Family Code section on homestead joinder, the Texas Estates Code chapters on powers of attorney and transfer on death deeds, the Texas Department of Insurance for title insurance information, your county clerk for recording fees and format rules, and your county appraisal district for ownership records and homestead exemptions. Statutes change, so read the current versions rather than relying on any summary, including this one.

Putting it together

A good Texas warranty deed is not complicated, but it is unforgiving of small errors. Choose the right deed type for the deal, copy names and the legal description from the record, think deliberately about spouses, minerals, and exceptions, sign before a notary, and record promptly with the county clerk. If you want a structured draft to start from, create your Texas warranty deed on iRunDocs and preview it free before you download, then compare it against your state requirements on the Texas warranty deed requirements page.

Not legal advice: this article provides general information about Texas deeds and does not create an attorney-client relationship. Laws and county procedures change, and your facts matter, so consult a licensed Texas attorney or a title company for advice about your transfer.