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General Warranty Deed for Individuals as Tenants in Common

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STATE OF TEXAS
GENERAL WARRANTY DEED
[Individual to Two (2) Individuals as Tenants in Common]
Control Number – TX-SDEED–8-34

Prepared by U.S. Legal Forms, Inc.

Copyright 2016 - U.S. Legal Forms, Inc.

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These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Texas. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

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Prepared By and After Recording Return to:



Send Tax Statements to Grantee (Name and Address):



--------Above This Line Reserved For Official Use Only--------

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

GENERAL WARRANTY DEED

(Individual to Two Individuals as Tenants in Common)

KNOW ALL MEN BY THESE PRESENTS THAT:

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, express or implied, does or shall exist, , an Individual, hereinafter referred to as “Grantor”, whether one or more, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL AND CONVEY unto , an Individual, and , an Individual, as Tenants in Common and not as Joint Tenants with Right of Survivorship, hereinafter referred to as “Grantees”, whether one or more, all that certain tract or parcel of land lying and being situated in the County of , City of , State of Texas, and more particularly described as follows, to-wit:

[INSERT DESCRIPTION OR ATTACH AS EXHIBIT]

Prior instrument reference: Book Page Document No. , of the Recorder of County, Texas.

SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any.

This conveyance is FURTHER MADE AND ACCEPTED SUBECT TO the following:

TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging unto the above named Grantees, their successors and assigns forever; and Grantor herein hereby binds himself/herself, his/her successors, assigns, and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the above named Grantees, their successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.

This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: Any and all restrictions, covenants, conditions and easements, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State; and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect, relating to the hereinabove described property.

The property herein conveyed is not a part of the homestead of Grantor, or is part of the homestead of Grantor and the conveyance is joined by both Husband and Wife.

WITNESS Grantor’s hand this the day of , .


Grantor


Grantor

STATE OF TEXAS

COUNTY OF

This instrument was acknowledged before me on (date) by (name of representative) as of (name of entity or person represented).


Notary Public


Type or Print Name

Mailing Address of Grantee:

Name

Address


Mailing Address of Grantee

Name

Address


Enter text✕

What a General Warranty Deed for Individuals as Tenants in Common Is

A General Warranty Deed for Individuals as Tenants in Common is a real estate conveyance that transfers title from one or more grantors to two or more grantees as tenants in common, while the grantor provides a full warranty of title. It describes the property by legal description, states consideration, allocates undivided ownership shares among grantees, and includes a warranty covenant that the grantor will defend against title defects. In the United States it is signed, notarized, and recorded in the county where the property is located to protect priority of ownership and encumbrance notice.

Why this Deed Matters for Property and Title Protection

A general warranty deed provides the strongest title assurance to grantees, transfers specified fractional interests, and helps establish priority against later claims. It also clarifies ownership shares to avoid disputes among co-owners and supports mortgage and title insurance processes.

Why this Deed Matters for Property and Title Protection

Who Typically Executes and Uses This Deed

Common users include individual sellers, buyers, attorneys, and title companies involved in multi-owner transfers.

  • Individual sellers transferring property to two or more people as tenants in common, often family members or investors.
  • Buyers and investors receiving undivided fractional interest where each owner can sell or bequeath their share.
  • Title companies and lenders that rely on the warranty clause for insurance underwriting and lien priority.

The deed suits situations needing express title warranties plus clear allocation of ownership percentages among co-owners.

Core Elements Included in a Professional General Warranty Deed

A complete deed presents legal identity, precise property description, transfer language, warranty covenants, signature blocks, and recording directions to ensure enforceability and clear title transfer.

Grantor Identity

Full legal name and marital status where required; demonstrates the party conveying title and is necessary for accurate chain-of-title records and tax reporting.

Grantee Identity

All recipients listed by full legal name with 'as tenants in common' language and indicated fractional shares to define ownership and disposition rights.

Legal Description

Precise metes-and-bounds or recorded plat reference that uniquely identifies the parcel; essential for recording and avoiding later boundary claims.

Consideration Clause

A clear statement of payment or exchange (dollars or nominal consideration). This influences transfer tax, valuation, and potential exemptions.

General Warranty Covenant

Explicit promises that the grantor warrants title against all lawful claims, will defend grantees, and indemnifies against prior defects affecting ownership.

Execution and Notary

Signature block for each party, jurat or acknowledgment, and notary acknowledgment required by recording offices to authenticate the deed.

Essential Deed Data Fields at a Glance

Grantor: Full legal name
Grantee: Full legal name(s)
Property: Legal description
Consideration: Exact amount
Tenancy Share: Fractional interest
Notary: Acknowledgment

Key Risks and Consequences of Errors

Defective Title: Clouded ownership
Recording Rejection: Deed not accepted
Tax Exposure: Transfer tax issues
Boundary Disputes: Survey conflicts
Mortgage Problems: Lien priority issues
Probate Complications: Estate delays

Common Preparation Errors to Avoid

  • Using an incomplete or inaccurate legal description, which commonly causes county recording offices to reject the deed and requires corrective instruments.
  • Failing to notarize or using the wrong notarial wording, which can render the deed unrecordable and delay title insurance issuance.
  • Mismatched grantee or grantor names (initials, married vs. maiden names), leading to title exceptions and the need for affidavits or corrective deeds.
  • Delaying recording after execution; unrecorded deeds risk losing priority to subsequent recorded liens or transfers affecting the same property.

Step-by-Step: Completing the Deed Correctly

Follow these steps in order to prepare, execute, and record a General Warranty Deed as tenants in common.

  • 01
    Draft Deed: Prepare deed with complete legal description and tenancy language.
  • 02
    Enter Parties: Fill grantor and grantee names and each party's fractional share.
  • 03
    Sign and Notarize: All grantors sign before a notary using required acknowledgement wording.
  • 04
    Record Instrument: Submit to county recorder for indexing and obtain recorded copy.

How the Deed Moves from Draft to Recorded Instrument

The typical process flows from drafting to execution, notarization, recording, and distribution of recorded copies to stakeholders.

  • Draft: Create the deed document with precise fields and review title history.
  • Execute: Grantor(s) sign the deed in presence of a notary or RON session.
  • Record: Deliver to county recorder; pay recording fees; obtain file stamp.
  • Distribute: Provide recorded copy to grantees, lender, and title insurer.

Digital Workflow Settings for Online Completion and Signing

Configure a secure online signing workflow to collect signatures, notarization, and recorded copies efficiently.

Field Configuration
Signers Email addresses for all grantors and grantees
Authentication Email link plus SMS or ID verification
Notary Add RON or in-person notary step
Record Copy Set recipient for recorded PDF

Technical and Format Requirements for eSigning and Recording

Confirm file format, signer authentication, and notary workflow before sending the deed for signature.

  • File Formats: Use PDF or DOCX; PDF/A preferred for archival
  • Integrations: Connect cloud storage and title systems for automatic routing
  • Authentication: Use multi-factor or ID verification for stronger evidence

Proper configuration reduces recording errors, preserves audit trails, and supports later title insurance underwriting.

Key Timing Considerations and Typical Deadlines

Observe these time-sensitive steps to preserve priority, avoid recording delays, and meet lender or tax requirements.

Execution Date:

Sign and date the deed on the agreed execution date

Notarization Timing:

Notarize at the time of signature to satisfy acknowledgment requirements

Recording Promptly:

Record immediately after execution to protect priority against subsequent claims

Provide Copies:

Deliver recorded copies to grantees, lender, and title insurer after recording

Tax Filings:

Complete any transfer tax forms required by the county within the specified local period

eSignature Platform Pricing and Compliance — signNow First

A concise comparison of starting prices and core capabilities to consider for deed execution workflows; check vendor sites for plan details.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About General Warranty Deeds as Tenants in Common

Answers to common legal, procedural, and technical questions about preparing, signing, notarizing, and recording these deeds.


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