Requirements for a Valid Deed in Texas are fairly straightforward. There are exceptions and certain situations that call for additional items.
A valid deed in Texas must name the parties involved (grantor and grantee), their intent to convey property, sufficiently describe the property to be conveyed, and the deed must be signed and delivered by the grantor. Essentially, the deed must convey the intent of the party to transfer a certain property—The requirements help with this task, but if those requirements are not met, the Court in interpreting a deed will be looking for that particular intent and whether it can be established.
It is important to note that there is no formal requirement for the form of the deed in Texas. A “deed” can be any document which accomplishes the goal of setting forth the intent as described above. Your deed does not need to contain long paragraphs of strictly formal legal language or references to Olde England for no reason. There are also different ways to Deed a property to an LLC, which gives asset protection through entity management.
Additionally, deeds do not need to be recorded in order to be valid. While recording your deed should always be done, not recording the deed does not render the deed automatically invalid. Recording a deed does help to clear up timing of title transfers, aids in title searches by title companies, and generally helps establish better timelines, but it is by no means required to accomplish the task of conveying the property. The conveyance that the deed attempts to accomplish happens at the moment of signing and delivery by the grantor to the grantee.
Attorney Nathaniel Gilbert in San Antonio helps clients with deed transfers, such as transfers of property to privately held LLCs, and the drafting and recording of deeds in Texas. Reach out to Nathaniel Gilbert for more information.