[TX] Does a general warranty deed require only the grantor’s signature for validity?

Lexi, Chatbot

I understand that dealing with property deeds can be confusing. Can you tell me if you are the grantor or the grantee in this situation?

Lexi, Chatbot

Have you already prepared the deed, or are you in the process of drafting it?

Lexi, Chatbot

Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with your General warranty deed.

Andrew F., Esq.

Good afternoon and welcome.

Just so you are aware, this is a legal information only site. I do not provide representation and no attorney-client relationship is formed. My answers and comments should not be considered legal advice. It is always best to hire a local attorney to review the specifics of your particular case to ensure that a proper review is conducted.

Andrew F., Esq.

In Texas, a valid general warranty deed only requires the signature of the grantor (the person conveying the property), not the grantee. This is because the legal effect of the deed is to transfer the grantor’s interest in the property to the grantee, and that transfer is complete once the grantor signs, acknowledges the deed before a notary, and delivers it to the grantee. Texas Property Code § 5.021 states that a conveyance of real property must be in writing and subscribed and delivered by the conveyor (the grantor). The grantee’s acceptance is presumed if the conveyance is beneficial, so no signature from the grantee is necessary to make the deed legally binding.

However, while the grantee’s signature is not required for validity, the deed must still be properly acknowledged and recorded in the county where the property is located in order to protect the grantee’s ownership rights against third parties. If you, as the grantee, want to ensure that your interest in the property is secure and enforceable against subsequent purchasers or creditors, you should promptly record the deed in the county clerk’s office. Failure to record does not invalidate the transfer between you and the grantor, but it can expose you to risks if someone later claims an interest in the same property.

Andrew F., Esq.

Does that make sense?

Andrew F., Esq.

Of course.