Quitclaim Deed

What Is a Quitclaim Deed?

A quitclaim deed is a document used to transfer ownership of real estate from one person, called the grantor, to another, called the grantee. Its defining feature is that the grantor transfers only whatever interest they hold in the property, if any, and makes no promises about that interest. The word "quitclaim" comes from an old legal phrase meaning to release a claim.

How It Works

Unlike a warranty deed, which typically includes promises that the seller holds clear title and has the right to sell, a quitclaim deed contains no such guarantees. If the grantor has full ownership, the grantee receives full ownership. If the grantor has a partial interest, or no interest at all, the grantee receives only that partial interest or nothing. The deed also does not promise that the property is free of liens or other encumbrances.

To take effect, the deed must be in writing, signed by the grantor, and usually notarized. Most jurisdictions also require it to be recorded with the local office that maintains land records. Recording creates a public record and helps establish the chain of title.

Common Uses

Quitclaim deeds are often used when the parties already know each other and the ownership picture is clear. Common examples include:

• Transferring property between spouses during or after a divorce
• Adding or removing a family member's name from a title
• Moving property into a revocable living trust
• Correcting a minor error in an earlier deed, such as a misspelled name

Because no title guarantees are given, buyers in a transaction often review the title before completing it. Many obtain a title search or title insurance for this purpose.

Advantages and Risks

Quitclaim deeds are generally simpler and less costly to prepare than many other deed types, and they are practical when no sale price is involved. The main risk for the grantee is that they take the property with whatever problems exist, including unpaid liens, competing ownership claims, or a title that was not valid to begin with. Transfer taxes and recording fees may still apply, and their rules vary by location.