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Why Quitclaim Deeds Are a Bad Idea in Texas and What to Use Instead
Jennifer Hernandez • September 15, 2026
A Common Mistake That Can Create Big Problems
Your dad wants to add you to the title of his Houston home. Maybe it's for estate planning. Maybe he's worried about what happens if he gets sick. He goes online, downloads something called a quitclaim deed, fills it out, and files it at the county clerk.
Done, right?
Not even close.
Five years later, your dad passes away. You go to sell the house. The title company takes one look at that quitclaim deed in the chain of title and tells you they won't insure it. No title insurance means no buyer will touch the property. You're stuck.
I've been originating mortgages in Houston for 30 years, and I've seen this exact scenario play out more times than I can count. Quitclaim deeds aren't illegal in Texas. They just create problems that can make your property almost impossible to sell or refinance.
Here's what you need to know, what to do instead, and how to fix it if you've already made this mistake.
What a Quitclaim Deed Actually Does
A quitclaim deed transfers whatever interest the person signing it has in the property, if any, without making any promises about whether they actually own it or whether the title is clear.
That's the problem. The person signing is basically saying, "I'm handing over whatever I might have here, but I'm not guaranteeing anything."
Title companies in Texas hate quitclaim deeds. They won't insure them. And without title insurance, you can't get a mortgage. No mortgage means no buyer
Why People Keep Using Them Anyway
Two reasons.
- They're free and easy to find online. No attorney. No closing costs. Just fill in the blanks and file it.
- They work fine in other states. If you moved here from California or Illinois, a quitclaim deed might have been perfectly normal where you came from. In Texas, it's a red flag
.
The Right Way to Transfer Property in Texas
If you own property free and clear and want to give it to a family member, use a special warranty deed.
A special warranty deed says, "I'm guaranteeing that the title has been clear during the time I've owned this property and I haven't created any liens or claims against it." It doesn't cover what happened before you owned it, but it's enough for title companies to work with, especially when paired with title insurance.
For transfers between family members, it's usually the right tool. Your attorney can prepare one for a few hundred dollars. Compare that to the thousands you'll spend trying to untangle a title problem later.
If You Want Your Kids to Inherit Your Home But You're Not Ready to Give It Away Now
Texas has something called a transfer on death deed. You file it now while you're living, but the property doesn't actually transfer until you pass away.
This is a great option if you're over 65 and receiving property tax exemptions. If you transfer your Houston home to your daughter now, and she doesn't live there, you could lose your homestead exemption and your over-65 school tax freeze. Your property taxes could jump.
With a transfer on death deed, you keep every exemption, you stay in full control of the property, and your kids get it without probate when you're gone.
How to Fix a Quitclaim Deed Mistake
If everyone involved is still living, the fix is straightforward. Go back and execute a proper special warranty deed with the same parties. The quitclaim deed will still be in the records, but the special warranty deed clears up the title issue for future sales.
If the person who signed the quitclaim deed has passed away, you're looking at probate, an affidavit of heirship, or a small estate affidavit. It gets messy and expensive fast.
The Bottom Line
Quitclaim deeds are legally valid in Texas, but they create title problems that will haunt you when you try to sell or refinance. They don't remove anyone from a mortgage, they can trigger your lender's due-on-sale clause, and title companies won't insure them.
Do it right the first time. Use a special warranty deed for transfers between family members, or a transfer on death deed if you want your heirs to inherit without probate.
I've helped thousands of Houston families finance and refinance their homes over the past three decades. Part of my job is giving you the straight answer, even when the straight answer is to fix the deed before you call me for a loan.
If you're thinking about transferring property in Houston, or if someone in your family already used a quitclaim deed and you're not sure what to do next, let's talk. I'll tell you exactly where you stand and what your options are.
Call me. Let's make sure your property is set up right.
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