§ 31.001.Passage of Title
Title 2. Trial, Judgment, and Appeal · Subtitle C. Judgments · Chapter 31. Judgments · Last amended 1985 · Last verified August 29, 2026
Full Text of § 31.001
Plain-English Summary
One sentence removing the losing party from the transfer.
A judgment for the conveyance of real property or the delivery of personal property may pass title to the property without additional action by the party against whom the judgment is rendered.
The problem this solves is old and obvious. A court orders a defendant to convey land; the defendant does not sign the deed. Without this section the winner holds a judgment and no title, and the only route forward is contempt.
Here the judgment itself operates as the conveyance. Nothing needs to be signed, and the losing party’s cooperation is irrelevant.
The word "may" is doing something specific. The judgment may pass title — so the court can frame a judgment that operates this way, and a judgment merely ordering a party to convey does not automatically do so.
A judgment intended to pass title should say so, which is a drafting point for whoever prepares the order.
For real property the practical step that remains is recording. The judgment passes title, and a certified copy in the county records is what makes that title findable by anyone searching the chain.
Personal property raises a different practical question. Title passes, but possession does not, and a defendant holding the goods still has to be made to hand them over — which is what the turnover statute and the execution chapter are for.
So the section settles ownership, not delivery.
Frequently Asked Questions
What if the losing party will not sign the deed?
The judgment itself may pass title without any additional action by that party.
Does the judgment need to say so?
The section is permissive, so a judgment intended to pass title should be drafted to do so.
Does it get the property delivered?
No. Title passes; obtaining possession is a matter for the turnover statute and the execution chapter.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.