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EL PASO DEED PREPARATION ATTORNEY

Warranty, Quitclaim and Gift Deeds in El Paso — Drafted, Notarized and Recorded

Attorney-drafted deeds to transfer El Paso property between family members, add or remove a spouse, move property into an LLC or trust, or close a private sale — recorded with the El Paso County Clerk, no court involved.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

A deed is the document that actually moves ownership of land or a house from one person to another. El Paso families use deeds constantly: a parent giving a lot in the Lower Valley to a son, a divorced spouse signing over the house on Zaragoza, siblings consolidating an inherited property, an investor moving rentals into an LLC, or neighbors closing a cash sale without a title company. The right deed depends on what the grantor is willing to promise about title. A general warranty deed promises clean title back to the beginning of time; a special warranty deed covers only the grantor's own period of ownership; a quitclaim deed promises nothing and simply releases whatever interest the signer may have; a gift deed transfers property for love and affection rather than money.

Texas Property Code Chapter 5 sets the basic rules for conveyances, including the statutory warranty language in Section 5.023 and the required notices for certain properties. To be recordable, a deed must be signed by the grantor and acknowledged before a notary under Chapter 12, and it takes effect against third parties only when it is filed with the county clerk under Chapter 13. The deed must contain a legal description matching the prior deed of record, not just a street address. Homestead property adds another layer: under Article XVI, Section 50 of the Texas Constitution and Family Code Section 5.001, a married person generally cannot convey the homestead without the other spouse joining, even when title is in one name.

We pull the current deed of record from the El Paso County Clerk, confirm the legal description and vesting, check for liens or a mortgage with a due-on-sale clause, and advise which deed type fits your goal. Then we draft the deed, arrange notarization at our office on Vista Del Sol or remotely, and e-record it with the El Paso County Clerk. There is no court appearance for any deed. The most common DIY mistakes we fix later are deeds with an address instead of a legal description, a missing spouse signature on a homestead, a quitclaim used where the buyer needed a warranty, and unrecorded deeds found in a drawer after the grantor has died. A flat attorney fee is far cheaper than the title curative work those errors create.

Which deed do you need? Warranty vs. special warranty vs. quitclaim vs. gift

Use a general warranty deed when a buyer is paying real money and expects the seller to stand behind the title. Use a special warranty deed for sales from an estate, an LLC, or an investor who only wants to warrant their own period of ownership. Use a quitclaim deed for releases between people who already know each other, such as an ex-spouse releasing an interest after divorce, though Texas title companies dislike quitclaims and may not insure title based on one. Use a gift deed for transfers to children or relatives for no consideration, keeping in mind possible federal gift tax reporting on Form 709 and the loss of a stepped-up basis compared with a transfer on death deed or Lady Bird deed.

Recording with the El Paso County Clerk

Deeds for property in El Paso County are recorded in the Official Public Records of the El Paso County Clerk. The clerk charges a per-page recording fee, requires the grantee's mailing address for tax notices, and rejects documents with illegible notary seals or missing acknowledgments. We e-record, so most deeds show up in the index within one to three business days. After recording, the El Paso Central Appraisal District updates the owner of record, and the new owner should file a homestead exemption application if the property will be their residence. We send you the recorded copy with the clerk's file stamp for your records.

What's included

  • Review of the current deed of record and legal description from El Paso County records
  • Advice on which deed type fits your goal and its tax and homestead consequences
  • Attorney-drafted warranty, special warranty, quitclaim or gift deed
  • Notarization at our office or coordination of remote signing
  • E-recording with the El Paso County Clerk and a file-stamped copy for you
  • Guidance on the homestead exemption filing with the El Paso Central Appraisal District

How it works

01

Tell us the transfer

Send the property address, who is giving and who is receiving, and why. We pull the current deed from the El Paso County Clerk, check for liens and homestead issues, and quote a flat fee.

02

We draft, you sign

We prepare the correct deed with the full legal description and warranty language, explain it in English or Spanish, and notarize it at our office or arrange a remote signing.

03

We record it

We e-record the deed with the El Paso County Clerk, send you the file-stamped copy, and explain the next steps for the appraisal district and homestead exemption.

Official resources

Frequently asked questions

Common questions about deeds (warranty, quitclaim, gift) in El Paso

How much does it cost to prepare a deed in El Paso?

We charge a flat fee for a standard warranty, quitclaim or gift deed, plus the El Paso County Clerk's recording fee, which is a small per-page charge. The fee is quoted before we begin and covers drafting, notarization and recording. Deeds involving multiple tracts, an LLC or trust as grantee, or a title problem that must be fixed first are quoted separately.

How long does it take to transfer a deed in Texas?

Once we have the property information, drafting usually takes one to three business days. Signing can happen the same day you come in. E-recording with the El Paso County Clerk typically posts within one to three business days after signing, so most family transfers are complete in about a week from start to finish.

Can I use a quitclaim deed to transfer a house to my child in Texas?

You can, but a gift deed or a warranty deed is usually better. A quitclaim gives no warranty and Texas title companies often refuse to insure title that depends on one, which can cause problems when your child later sells or refinances. If your goal is to pass the house at your death while keeping control, a transfer on death deed or Lady Bird deed may be the smarter tool and preserves the stepped-up basis.

Does my spouse have to sign the deed if the house is only in my name?

If the property is your homestead, yes. Article XVI, Section 50 of the Texas Constitution and Texas Family Code Section 5.001 require both spouses to join in a conveyance of the homestead regardless of whose name is on title. Non-homestead separate property can be conveyed alone, but community property rules may still apply. We check this on every El Paso deed before anyone signs.

Do I have to go to court to change a deed in El Paso?

No. Preparing and recording a deed is a document transaction handled entirely between our office and the El Paso County Clerk. Court is only involved when the owner has died without a will or a deed and heirship must be established, which is a probate matter such as a determination of heirship or affidavit of heirship that we can also handle.

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