How to Transfer or Change Ownership of Property in Texas: The 2025 Guide
- Sy Melo
- Dec 8, 2025
- 6 min read
Life Changes, and So Does Your Deed
Property ownership is rarely static. In the lifecycle of a Texas home, the name on the deed will change almost as often as the paint color. You might be gifting a starter home to a child, removing an ex-spouse after a divorce, inheriting a family estate, or simply ensuring your legal name matches your driver's license.
However, Texas property laws are distinct. Unlike transferring a car title where you simply sign the back of a slip, real estate transfers require specific legal instruments—Deeds—recorded in the county’s public records. A simple mistake here can cloud the title for decades, making the property impossible to sell later.
At Core Properties Texas, we deal with complex title issues every day. We’ve seen the mess that "DIY" deeds can create. In this comprehensive guide, we will walk you through exactly how to transfer or change ownership of property in Texas, covering everything from family gifts to inheritance without a will.
The Basics: How Title Transfer Works in Texas
In Texas, ownership is transferred when a Grantor (current owner) signs a deed conveying the property to a Grantee (new owner). But it’s not official until it is recorded.
Texas is a "Notice State." This means that while a signed deed is valid between the two parties immediately, it doesn't protect the new owner from third-party claims (like creditors or future buyers) until it is filed with the County Clerk.
The General Process:
Select the Correct Deed: Not all deeds are equal.
Draft the Deed: Must include legal description (not just the address!).
Notarize: The Grantor’s signature must be notarized.
File (Record): Submit to the County Clerk and pay the recording fee.
Scenario 1: Transferring Property to a Family Member
Transferring a home to a child, sibling, or parent is one of the most common requests we see. Many people assume a "Quitclaim Deed" is the right tool. Stop right there.
Why You Should Avoid Quitclaim Deeds in Texas In many states, Quitclaim deeds are standard. In Texas, title companies often refuse to insure them because they don't guarantee the grantor actually owns the property—they just release a claim. Using one can break the "chain of title."
The Better Options:
Gift Deed: This acts like a Warranty Deed but lists "Love and Affection" as the consideration (payment) instead of money. It transfers clear title and preserves the property's insurable status.
Lady Bird Deed (Enhanced Life Estate Deed): This is the gold standard for estate planning in Texas. It allows you to transfer the property to a family member automatically upon your death without probate.
Benefit: You keep full control (and the right to sell) while you are alive.
Benefit: It protects the asset from Medicaid Estate Recovery (MERP).
Actionable Tip: If you are giving a house to a married child, specify in the deed if the property is to be their "separate property," otherwise, in a future divorce, their spouse might claim a stake in it.
Scenario 2: Changing Your Name on the Title
Did you recently get married or divorced? If your legal name has changed, your property deed should ideally reflect that to avoid confusion when you eventually sell.
The Process: You generally cannot just "edit" the existing deed. You must create a new link in the chain of title.
The "Name Change" Deed: You will draft a Warranty Deed from yourself to yourself.
Grantor: [Old Name], now known as [New Name].
Grantee: [New Name].
Divorce Decree: If the name change is part of a divorce where one spouse is keeping the house, the divorce decree acts as a transfer mechanism, but it is "messy" to rely on it alone. It is best to have the exiting spouse sign a Special Warranty Deed granting their interest to the spouse keeping the house.
Do I have to change it? Strictly speaking, no. When you sell the house years later, you can simply sign the new deed as "Jane Doe, formerly known as Jane Smith," and provide a copy of your marriage license or divorce decree to the title company. However, updating it now keeps the tax records and legal notices accurate.
Scenario 3: Inheritance Without a Will
When a property owner dies without a Last Will and Testament (intestate), the property does not just "sit there." It vests immediately in their heirs-at-law. The problem is proving who those heirs are so the property can be sold or transferred.
The Solution: Affidavit of Heirship This is a powerful legal document used in Texas to avoid expensive probate court.
Drafting: An attorney drafts an affidavit detailing the deceased's family history (marriages, children, siblings).
Witnesses: Two "disinterested" witnesses (people who knew the deceased for 10+ years but will not inherit anything) must sign it.
Filing: Once filed in the county records for 5 years, it becomes prima facie evidence of ownership.
Note: Many title companies will accept an Affidavit of Heirship sooner than 5 years if the witnesses are credible and the family tree is clear.
Warning: If there are hidden heirs (e.g., a child from a previous unknown relationship), an Affidavit of Heirship can be contested.
The Obstacle Course: Liens and Title Blocks
Before you transfer any property, you must ensure the title is "clear." If there is a lien on the property, the transfer might be invalid, or the new owner will inherit the debt. Conversely, you might be a contractor or creditor wondering how to secure a debt against a property.
Understanding Liens in Texas A lien is a legal claim against assets that allows the holder to obtain access to the property if debts are not paid.
Mechanic’s Lien: Used by contractors who haven't been paid for work done on the property.
Requirement: To put a lien on a property in Texas, a contractor must follow strict notice deadlines (usually sending notice by the 15th day of the second or third month after work is done) and file an Affidavit of Lien with the county clerk by the 15th day of the fourth month.
Judgment Lien: Resulting from a lawsuit loss.
Tax Lien: For unpaid property taxes (these take priority over almost everything).
Why this matters for transfers: If you are the Grantee (receiving property), always run a title search. If you accept a Gift Deed for a house that has a $50,000 judgment lien attached to it, that lien stays with the house. You don't personally owe the debt, but the creditor can still foreclose on your new home to satisfy it.
Step-by-Step Summary: How to Transfer Your Title
Ready to move forward? Here is your checklist.
1. Determine the Nature of the Transfer
Sale? -> General Warranty Deed.
Gift to Family? -> Gift Deed or Lady Bird Deed.
Divorce? -> Special Warranty Deed (Owelty Deed if refinancing).
Inheritance? -> Probate or Affidavit of Heirship.
2. Obtain the Legal Description
Do not use the mailing address. Look at the previous deed (or the tax records) for the "Lot and Block" or "Metes and Bounds" description.
3. Prepare the Form
While office supply stores sell templates, Texas property code is strict. One missing clause regarding "rights of survivorship" or "homestead warranties" can void your intent. It is highly recommended to use a real estate attorney or a specialized title service.
4. Execute Before a Notary
The Grantor must sign in front of a notary public. The Grantee usually does not need to sign unless there are specific covenants involved.
5. Record at the Courthouse
Take the original signed document to the County Clerk’s office in the county where the property is located.
Cost: Usually around $26 for the first page and $4 for each additional page.
When to Call the Pros (or Sell for Cash)
Transferring property title in Texas is a legal process, not just a clerical one. If the property involves:
Multiple heirs who don't agree.
Lost deeds or breaks in the chain of title.
Outstanding liens or back taxes.
...the legal fees to "fix" the title can sometimes cost more than the value of the transfer.
Is the property becoming a burden? If you are trying to transfer a property because you simply don't want the headache of managing it, or if you've inherited a house with a "messy" title that you can't sell on the open market, Core Properties Texas can help.
We buy houses in Texas As-Is. We have a dedicated team that handles the title work, clears up the liens, and sorts out the heirship issues—so you don't have to.
Based in Texas
www.corepropertiestx.com | Call Phone: 281-779-8488
Disclaimer: Core Properties Texas consists of real estate investors, not attorneys. This article is for informational purposes only and does not constitute legal advice. For specific legal questions regarding deeds and title transfer, please consult a qualified Texas real estate attorney.