A quitclaim deed is a legal instrument that transfers any ownership interest the grantor has in a property to a grantee “as‐is,” without warranties or guarantees about the title’s validity. Unlike warranty deeds, it offers no promises that the grantor owns the property free and clear, making it best suited for transfers between parties who trust one another.
A quitclaim deed is a simple form that the grantor signs to convey whatever interest they may have in real estate to another person. It does not confirm the grantor actually owns the property or that the title is free of liens.
By using a quitclaim deed, the grantor transfers all rights, title, and interest they hold “as is.” There are no warranties—no guarantee of clear ownership, no promise there are no encumbrances, and no protection if someone else claims an interest.
The grantee gains only the interest the grantor possessed. If the grantor had defects, liens, or no actual ownership, the grantee inherits those downsides. There’s no recourse against the grantor for title defects.
A general warranty deed is the strongest form of title transfer, with the grantor guaranteeing clear title and defending against any claims. A quitclaim deed offers zero warranties and is rarely used in standard sales.
A special warranty deed guarantees only that the grantor did not cause title defects during their ownership. A quitclaim deed makes no promises, so it’s even less protective.
A grant deed implies the grantor holds title and hasn’t transferred it to anyone else, plus it often carries limited warranties. A quitclaim deed conveys interest without any assurances.
Family members often use quitclaim deeds to move property quickly without sale formalities or title searches, such as parents gifting a home to children.
Spouses can shift real estate interests by quitclaim deed, avoiding refinancing or sale, as part of divorce agreements.
Minor mistakes—typos, missing signatures, name changes—can be fixed by issuing a quitclaim deed to clear the title record.
Quitclaim deeds suit quick transfers among trusted parties, such as adding a roommate’s name or transferring collateral to a private lender.
Title insurers may refuse policies after a quitclaim transfer, and lenders often demand a warranty deed before approving loans or refinancing.
The grantor must sign before a notary. Some states also require one or two witness signatures.
After execution, file the deed at the local recorder or county clerk’s office to put the world on notice of the transfer.
Recording fees vary by county—typically $20–$100. Some counties add transfer or documentary stamp taxes.
DIY can save money if the transfer is simple and parties trust each other. Professional help ensures accuracy, compliance, and can spot hidden issues.
For sales or refinances, title companies and lenders often require general or special warranty deeds to secure title insurance and loan terms.
Compare quotes from local title companies, independent attorneys, or online services. Watch for hidden fees and ask about bundled title insurance discounts.
Yes. Quitclaim deeds transfer title interest but do not remove mortgages or liens. The grantee remains subject to any recorded encumbrances.
It’s possible but often more expensive. Some insurers refuse coverage once a quitclaim deed is on record.
Transfers without fair market consideration may be subject to gift tax reporting. Consult a tax advisor if the value exceeds IRS thresholds.
The grantee has no remedy against the grantor for defects. They must resolve claims through title litigation or insurance, if available.
Requirements vary by state—format, witnesses, recording rules. Always check local statutes or county recorder guidelines.
The Smiths decide to transfer a lakeside cabin from parents to three adult children via quitclaim deed to avoid probate.
The family confirmed no outstanding liens first, secured title insurance in advance, and consulted a tax advisor on gift tax rules.
Quitclaim deeds provide a fast, low‐cost way to transfer real estate interests without warranties, ideal for intra‐family transfers, divorce settlements, and title corrections. For traditional sales or refinancing, consider general or special warranty deeds. Always review state‐specific requirements, weigh professional guidance, and explore resources for blank forms and local recorder instructions.
