Changing the names on a deed may seem like a straightforward action, but there are no standard, state-issued forms for this procedure. There are many types of deeds — e.g., general warranty deeds, special warranty deeds, assumption deeds, deeds without warranties — and altering a deed can have serious legal implications. To best protect your legal rights, it is strongly recommended that you consult with an attorney before signing or recording a new deed.
“Deeds in Texas,” an article about deeds written by David J. Willis from LoneStarLandLaw.com, provides an overview of various types of deeds used in Texas, including a discussion of what a quitclaim deed does and does not do:
Clients often call a lawyer's office and say they need a quitclaim deed. The lawyer's response should almost always be "No, you don't." Why? For one reason, a quitclaim is not a true deed at all since it is technically not a conveyance. It merely "quits" any "claim" by Grantor to any right, title, and interest that the grantor may have in a certain property, if any such interest exists. It does not "grant, sell, and convey" as does a deed.
Since we are librarians and not attorneys, we cannot determine which type of deed would be appropriate for your situation. An attorney can recommend the best course of action for your situation, so please see our Find an Attorney page for resources on locating an attorney.
Additionally, the library has legal practice guides and form books related to real property in our Digital Collection. Many of these books have drafting guides and templates that outline the information and phrasing required in order for a legal document to comply with the law. Please note that you will need a library account to access materials in our Digital Collection — you can register online at no cost. If you determine which specific deed or form you need, consult these e-books to see if they provide a sample. Feel free to contact us directly if you are trying to locate a specific form, and we will try to determine whether it is available in our library.