A quitclaim deed is a legal document used in the United States to transfer whatever ownership interest one person may have in real estate to another person. Unlike a warranty deed, a quitclaim deed generally does not guarantee that the person transferring the property actually owns the property free and clear of other claims.
Quitclaim deeds are commonly used in situations involving family members, divorcing spouses, transfers between related parties, or changes to the way property is held. They can be relatively simple to prepare and record, but they can also create serious problems if used without understanding the property’s title and the laws of the state where the property is located.
Because real estate law differs by state and sometimes by county, the exact requirements for a valid quitclaim deed vary across the United States.
What Is a Quitclaim Deed?
A quitclaim deed is a type of deed that transfers the grantor’s interest in real property, if any, to the grantee.
The person transferring the interest is generally called the grantor, while the person receiving the interest is generally called the grantee.
The important point is that a quitclaim deed generally provides no warranty of title.
For example, suppose John signs a quitclaim deed transferring his interest in a house to Mary. If John actually owns an interest in the property, that interest may be transferred to Mary. But if John does not own the property or has only a limited interest, the quitclaim deed generally does not create a stronger ownership right than John actually had.
In simple terms:
A quitclaim deed transfers whatever interest the grantor has, but generally does not promise that the title is good.
How Does a Quitclaim Deed Work?
A typical quitclaim deed follows a relatively straightforward process:
- The grantor prepares the deed.
- The deed identifies the grantor and grantee.
- The property is legally described.
- The grantor signs the document according to applicable state requirements.
- Required witnesses or notarization are completed, where applicable.
- The deed is delivered as required.
- The deed is recorded with the appropriate local government office.
Recording requirements differ by state and locality.
Simply signing a document called a “quitclaim deed” does not necessarily mean that every legal requirement for transferring real estate has been satisfied.
What Information Is Usually Included?
A quitclaim deed commonly contains information such as:
- Name of the grantor
- Name of the grantee
- Property’s legal description
- County and state where the property is located
- Consideration or transfer information, when required
- Signature of the grantor
- Notary acknowledgment
- Witness information, when required
- Recording information
The exact requirements depend on the jurisdiction.
The legal description is especially important. A street address alone may not be sufficient to legally identify the property.
Quitclaim Deed vs. Warranty Deed
The biggest difference between a quitclaim deed and a warranty deed is the level of protection provided to the buyer or recipient.
| Feature | Quitclaim Deed | Warranty Deed |
| Transfers grantor’s interest | Generally yes | Yes |
| Warranty of title | Generally no | Generally yes, depending on deed type |
| Common in family transfers | Yes | Sometimes |
| Common in ordinary property sales | Less common | More common |
| Title protection | Limited | Greater |
| Title problems guaranteed against | Generally no | Depending on the warranty |
A quitclaim deed can therefore be useful for certain transfers but may be inappropriate for a conventional real estate purchase where the buyer expects title protection.
When Is a Quitclaim Deed Commonly Used?
Quitclaim deeds are often used when the parties already know each other and understand the property’s ownership situation.
Transferring Property Between Family Members
Parents may use a quitclaim deed to transfer an interest to an adult child, or property interests may be transferred between other relatives.
However, potential tax, gift, estate, and mortgage consequences should be considered before completing the transfer.
Divorce-Related Property Transfers
A spouse may transfer their interest in jointly held property to the other spouse as part of a divorce or property settlement.
A quitclaim deed can change ownership, but it does not automatically remove a person from the mortgage loan.
This distinction is extremely important.
Adding or Removing Someone From Title
A quitclaim deed may be used when people want to change who appears as an owner on the property’s title.
State and local requirements still apply.
Correcting Certain Title Issues
In some situations, a quitclaim deed may be used to address a title issue or release a possible interest in property.
However, the appropriate solution depends on the specific title problem.
Transfers Into Certain Trust or Estate Arrangements
A quitclaim deed may sometimes be used as part of transferring real estate into a trust or another ownership arrangement.
Because these transactions can have legal and tax consequences, professional advice may be appropriate.
Does a Quitclaim Deed Prove Ownership?
Not necessarily.
A quitclaim deed is evidence of a transfer of whatever interest the grantor had, but it does not generally provide a warranty that the grantor had valid and complete ownership.
For example, imagine a person signs a quitclaim deed for a property but actually has no ownership interest in it.
The recipient generally does not obtain ownership simply because the person signed the deed.
This is one reason why title searches and other due diligence can be important in real estate transactions.
Does a Quitclaim Deed Remove a Mortgage?
Generally, no.
This is one of the most common misunderstandings about quitclaim deeds.
A quitclaim deed generally concerns the ownership interest in real estate. A mortgage or other loan agreement is a separate legal obligation.
For example, if two spouses jointly own a home and one spouse signs a quitclaim deed giving their ownership interest to the other spouse, the quitclaim deed does not automatically release the transferring spouse from responsibility for the mortgage.
The loan documents and lender’s requirements must be considered separately.
Can You Quitclaim a Property With a Mortgage?
A property can potentially be transferred by deed even when a mortgage exists, but the mortgage and loan documents must be considered before making the transfer.
Some mortgage agreements contain provisions that can affect what happens when ownership changes. Certain transfers may receive special treatment under federal or state law, while others may raise lender-related issues.
Therefore, anyone considering a quitclaim transfer of mortgaged property should review the loan documents and obtain appropriate professional advice.
Is a Quitclaim Deed the Same as Selling a House?
No.
A quitclaim deed is a type of deed, not necessarily a complete real estate sale transaction.
A property transfer can occur without a conventional sale. For example, a parent might transfer property to a child without receiving the property’s market value in exchange.
That does not mean there are no tax or reporting consequences.
The parties should consider applicable federal, state, and local rules before completing a transfer.
How Much Does a Quitclaim Deed Cost?
There is no single nationwide price for preparing and recording a quitclaim deed.
Potential costs can include:
- Document preparation
- Notary fees
- County or local recording fees
- Transfer taxes, where applicable
- Attorney fees, if an attorney is used
- Title-related services
Recording fees vary significantly between jurisdictions.
The cost of a quitclaim deed is therefore best determined by checking the recording office for the county where the property is located.
Do You Need a Lawyer for a Quitclaim Deed?
A lawyer is not necessarily required for every quitclaim deed transaction.
However, legal assistance can be particularly useful when:
- The property has multiple owners.
- There is a mortgage.
- The transfer is related to divorce.
- An estate is involved.
- There is a dispute over ownership.
- The property’s title is unclear.
- The transfer could have tax consequences.
- The parties do not fully understand their respective rights.
A simple family transfer may be straightforward in some circumstances, but a more complicated ownership situation can create significant legal consequences.
What Are the Risks of a Quitclaim Deed?
A quitclaim deed can be useful, but it has important limitations.
No General Warranty of Title
The recipient usually does not receive the same title assurances associated with a warranty deed.
Existing Liens May Remain
A quitclaim deed generally does not erase valid liens or other encumbrances affecting the property.
Mortgage Liability May Continue
Changing ownership does not automatically change the underlying loan obligation.
Tax Consequences May Exist
A transfer can potentially have federal, state, or local tax implications depending on the circumstances.
Mistakes Can Affect Ownership
Incorrect names, legal descriptions, signatures, notarization, or recording procedures can create problems.
Family Transfers Can Still Become Disputes
Even transfers between relatives can create future disagreements, particularly when inheritance or estate planning is involved.
Can a Quitclaim Deed Be Reversed?
A quitclaim deed generally cannot simply be canceled because one party changes their mind.
If the recipient voluntarily agrees, another deed may potentially be used to transfer the interest back. But if there is a dispute, fraud, coercion, mistake, or another legal issue, the appropriate remedy depends on state law and the facts.
A person who believes a quitclaim deed was obtained improperly should consider speaking with a real estate attorney in the relevant state.
What Happens After Signing a Quitclaim Deed?
The deed generally needs to satisfy the applicable execution and recording requirements.
Depending on the jurisdiction, the parties may need to:
- Sign the deed.
- Have signatures notarized.
- Meet witness requirements, if applicable.
- Submit the deed to the appropriate recording office.
- Pay applicable recording or transfer fees.
- Keep copies of the recorded document.
The exact process differs by state and local recording office.
Quitclaim Deed and Claim Settlement: Is It Related?
A quitclaim deed is not normally an insurance claim settlement document.
However, it can appear in certain legal or financial situations where ownership of real estate is being transferred as part of resolving a dispute, divorce, estate matter, or other settlement.
If a settlement agreement requires someone to transfer a property interest, the quitclaim deed may be one document used to carry out that obligation.
The deed itself does not automatically establish that the underlying dispute has been legally resolved.
Frequently Asked Questions
What is the main purpose of a quitclaim deed?
Its main purpose is to transfer the grantor’s interest in real property to another person without generally providing a warranty that the title is valid or free of claims.
Is a quitclaim deed a legal document?
Yes. A properly executed and recorded quitclaim deed can be a legal instrument for transferring an interest in real estate, subject to the law of the applicable state and locality.
Does a quitclaim deed mean I own the house?
Not necessarily. The deed generally transfers whatever ownership interest the grantor actually has. It does not guarantee that the grantor has complete ownership.
Does a quitclaim deed remove someone from a mortgage?
Generally, no. A deed and a mortgage are separate matters. Transferring title does not automatically release someone from their loan obligations.
Can a quitclaim deed transfer property to a family member?
Yes, quitclaim deeds are commonly associated with certain transfers between family members, but tax, mortgage, title, and state-law issues should be considered.
Is a quitclaim deed safe?
It can be appropriate for certain transactions, particularly where the parties understand the property’s ownership and the lack of title warranty. It may be risky when the recipient needs strong protection against title defects.
Final Thoughts
A quitclaim deed can be a simple way to transfer a person’s interest in real estate, but simple does not always mean risk-free. The document generally provides little or no warranty about the quality of the title, and it does not automatically eliminate mortgages, liens, taxes, or other obligations.
Before signing or accepting a quitclaim deed, it is important to understand exactly what interest is being transferred, whether the property has outstanding liens or financing, and what requirements apply in the state and county where the property is located.
For complicated transfers, especially those involving divorce, estates, disputed ownership, mortgages, or substantial property value, consulting a qualified real estate attorney can help prevent costly mistakes.
Disclaimer: This article provides general information about quitclaim deeds in the United States and is not legal, tax, or financial advice. Real estate laws and recording requirements vary by state and locality. For a specific property transfer, consult the appropriate county recording office or a qualified attorney.
