Transferring real property between family members, fixing a misspelled name on a title, or updating ownership after a divorce doesn't always require a complicated closing process. Sometimes, all you need is a quitclaim deed—a straightforward legal document that lets one person hand over whatever property interest they have to someone else. But there's a catch: this type of deed comes with zero guarantees about what you're actually receiving.
Whether you're the person transferring the property or the person receiving it, understanding exactly how a quitclaim deed works can save you from costly surprises down the road. Let's break down everything you need to know.
Quick Answer: What Is a Quitclaim Deed?
A quitclaim deed is a legal document that transfers whatever ownership interest a grantor has in a piece of real estate to a grantee—without any promises that the grantor actually owns the property or that the title is free of liens. In short, you get what you get, and there's no guarantee attached.
This type of deed is primarily used in non-sale situations where the parties already trust each other and money isn't changing hands in a traditional sale. Think of it as a tool for internal property shuffling rather than arm's-length property transactions.
Common Uses for Quitclaim Deeds:
- Adding a spouse to the deed after marriage to reflect joint ownership
- Transferring a property to an adult child as part of estate planning
- Removing an ex-spouse from the title after a divorce decree is finalized
- Correcting a misspelled name or outdated marital status on the title
- Moving a primary residence into a living trust for probate avoidance
- Transferring property to an LLC for asset protection
Important Warning
If you're a buyer purchasing property from someone you don't know well, do not accept a quitclaim deed. Insist on a warranty deed that provides legal protection against title defects and hidden liens.
Quitclaim Deed vs. Warranty Deed
Understanding the difference between these deed types is crucial before any property transfer:
| Feature | Quitclaim Deed | Warranty Deed |
|---|---|---|
| Ownership guarantee | None | Full guarantee |
| Title defect protection | None | Grantor liable for defects |
| Lien protection | None | Grantor warrants clear title |
| Best for | Family transfers, trusts, divorce | Sales to strangers |
| Title search needed? | Recommended | Always done |
Risks of Using a Quitclaim Deed
Before accepting or using a quitclaim deed, understand these potential risks:
- No ownership guarantee: The grantor might not actually own the property
- Hidden liens: Tax liens, mortgages, or judgments may remain attached to the property
- No legal recourse: You can't sue the grantor for title defects
- Mortgage due-on-sale: Transferring property may trigger your lender's due-on-sale clause
- Tax implications: Transfers may trigger gift taxes or reassessment of property taxes
How to Create a Quitclaim Deed
Follow these steps to properly create and file a quitclaim deed:
Step 1: Gather Required Information
- Full legal names of grantor(s) and grantee(s)
- Complete property legal description (from current deed or county records)
- Property address and parcel number
- Consideration amount (even if $0 or $1 for gift transfers)
Step 2: Complete the Deed Form
Use a state-specific quitclaim deed form. Generic forms may not meet your state's legal requirements. The deed must include:
- Grantor and grantee names exactly as they should appear on the title
- Legal property description (not just the street address)
- Granting clause ("hereby quitclaims" or similar language)
- Consideration statement
- Signature lines for grantor(s)
- Notary acknowledgment section
Step 3: Sign Before a Notary Public
The grantor(s) must sign the deed in the presence of a notary public. The notary will:
- Verify the grantor's identity
- Witness the signature
- Complete the notarial certificate
- Apply their official seal
Pro Tip
Don't sign the deed until you're in front of the notary. Pre-signed deeds cannot be notarized—the notary must witness the actual signing.
Step 4: Record the Deed
File the notarized deed with your county recorder's office. Recording fees typically range from $10-$100. Some states also require:
- Transfer tax payment (often exempt for family transfers)
- Preliminary Change of Ownership Report
- Affidavit of Property Value
State-Specific Requirements
Quitclaim deed requirements vary by state. Here are a few examples:
| State | Witnesses Required | Transfer Tax |
|---|---|---|
| California | Not required | $1.10 per $1,000 |
| Florida | Two witnesses required | $0.70 per $100 |
| Texas | Not required | No transfer tax |
| New York | Not required | $2 per $500 |