What Is a Quitclaim Deed?
What is a quitclaim deed?
A quitclaim deed is a legal document that transfers whatever property interest the grantor currently holds to the grantee — with no warranty of title and no guarantee the grantor actually owns the property free and clear. The word 'quit' means to give up a claim. By signing a quitclaim deed, the grantor surrenders any interest they have, however large or small that interest may be, including no interest at all.
Source: Restatement (Third) of Property § 5.1; Cal. Civ. Code § 1092 (California); Tex. Prop. Code § 5.022 (Texas)
Legal Disclaimer: This document is for informational purposes only and does not constitute legal advice. QuitclaimForm.com is not a law firm. Consult a licensed attorney before executing any deed. Requirements vary by state and individual circumstances.
What "Quit" Actually Means
Most people stumble on the word "quit." It sounds like something is being abandoned in haste, or like a resignation letter for a piece of land. That instinct is close to right.
"Quit," in this context, comes from an older legal usage meaning to relinquish or give up a claim. When the grantor signs a quitclaim deed, they are saying: "Whatever interest I hold in this property — whatever that amounts to — I am giving it up and handing it to you."
There is no promise attached. No representation that the title is clean. No guarantee that no one else has a competing claim. The grantor simply releases whatever they have.
This is the essential difference between a quitclaim deed and every other common deed type: a quitclaim deed makes no promises about what it is transferring.
How a Quitclaim Deed Works
Here is the basic mechanics, step by step.
- The grantor signs the deed. The grantor — the person currently on the title — signs the deed before a notary public. Most states require notarization; some (like Florida and Georgia) also require witnesses.
- The deed is recorded. The signed, notarized deed is filed with the county recorder or clerk's office in the county where the property is located. Recording fees are typically $10–$30 for the first page. Recording is what makes the transfer official and public.
- The title transfers. Once recorded, the grantee holds whatever ownership interest the grantor held at the time of signing.
What transfers: The grantor's ownership interest in the property.
What does NOT transfer: The mortgage. The liens. Any title defects that existed before the deed was signed. The quitclaim deed transfers the title interest only — it does not change who is responsible for any debt secured by the property.
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Quitclaim Deed vs. Warranty Deed vs. Grant Deed
These three deed types appear constantly in real estate, and they are often confused. The key distinction: a warranty deed is a promise. A quitclaim deed is a release.
| Feature | Quitclaim Deed | General Warranty Deed | Special Warranty Deed | Grant Deed (CA) |
|---|---|---|---|---|
| What it promises | Nothing — transfers only the grantor's current interest | Full guarantee of clear title, including against pre-ownership claims | Guarantee only for defects during the grantor's ownership period | Implies grantor hasn't transferred the property elsewhere and it's free of grantor-created encumbrances |
| Common use case | Family transfers, divorce, title corrections, LLC/trust transfers | Standard arm's-length real estate sales | Commercial sales, bank-owned property sales | California residential sales between known parties |
| Risk to grantee | High — grantor makes no title promises | Low — grantor guarantees title | Medium — grantor guarantees only their tenure | Low-medium — implied limited warranties |
When you buy a home from a stranger, you want a warranty deed — you want the seller to stand behind the title. When you are transferring property within a family or between people who already trust each other, a quitclaim deed is often the right tool.
When to Use a Quitclaim Deed
Quitclaim deeds are designed for situations where both parties know each other, trust each other, and are not concerned about title risk.
| Feature | Use a Quitclaim Deed? |
|---|---|
| Transfer to a spouse or domestic partner | Yes — trusted parties; title risk not a concern |
| Divorce: one spouse transferring to the other | Yes — both parties know the ownership history |
| Adding a child's name to the title | Yes — no arm's-length transaction; title risk not an issue |
| Removing a name after a breakup or divorce | Yes — one party releases their interest to the other |
| Transferring property into a revocable living trust | Yes — grantor retains control; same effective ownership |
| Transferring to or from an LLC | Yes — owner moving property in/out of a business entity |
| Fixing a title error (wrong name, misspelling) | Yes — a corrective quitclaim clears the defect |
| Parent-to-child gift of property | Yes — trusted parties; consult attorney for tax implications |
| Standard home sale to a stranger | No — buyer needs a warranty deed |
| Purchase with lender financing | No — lenders typically require a warranty deed |
| Sale where clear title is uncertain | No — a quitclaim transfers whatever you have, which may be contested |
If you are in California and transferring property from a parent to a child, California's Proposition 19 (effective February 16, 2021) changed the property tax reassessment rules significantly. The child must occupy the transferred property as their primary residence within one year to qualify for any property tax exclusion — and the exclusion is capped. Using a stale template that does not reflect post-Prop 19 law can result in a full reassessment to current market value, costing families tens of thousands of dollars per year. See our California parent-to-child quitclaim deed guide for Prop 19 requirements →
When NOT to Use a Quitclaim Deed
The value of a quitclaim deed comes from its simplicity — but that simplicity is also its limitation. There are situations where using a quitclaim deed instead of the correct instrument causes real problems.
Do not use a quitclaim deed when:
- You are selling to a buyer who is paying market value. A buyer spending real money deserves a warranty deed. A quitclaim deed gives them no protection if a title defect surfaces later.
- The lender requires a warranty deed. Mortgage lenders almost universally require a warranty deed (or grant deed in California) because they need to know the title is clean before lending against the property.
- The title is in dispute. If there is already a title dispute or a competing claim, a quitclaim deed does not resolve it — it transfers the disputed interest along with the property.
- You want to transfer a mortgage obligation. A quitclaim deed cannot transfer a mortgage. See the section below.
- You are making a high-stakes transfer and are unsure of the title history. If you have not done a title search and are not certain of the ownership chain, use a warranty deed and get title insurance.
The Divorce Example — What People Get Wrong
Here is the scenario that catches people off guard more than any other.
A married couple owns a home together. They divorce. As part of the divorce settlement, the wife agrees to sign the house over to the husband. She signs a quitclaim deed. He records it. His name is now the only name on the title.
What happened: The wife's ownership interest in the property transferred to the husband. The title is now in his name alone.
What did not happen: The mortgage did not change.
If the mortgage was in both names — or in the wife's name alone — she is still legally obligated on that loan. The quitclaim deed is a deed. It is a title document. It is not a contract with the bank. The bank was not a party to the deed, and the bank's lien on the property did not go anywhere.
If the husband stops paying the mortgage, the lender can still come after the wife for the debt. If the property goes to foreclosure, it will affect her credit.
The fix: If the goal is to fully separate a departing spouse from the property, the deed alone is not enough. The remaining spouse typically needs to refinance the mortgage in their name alone. See our quitclaim deed for divorce guide for the complete process.
A Quitclaim Deed Does NOT Remove Someone from a Mortgage
Signing a quitclaim deed does not remove you from a mortgage. The deed and the mortgage are separate documents, filed separately, and governed by separate legal relationships. The deed is between you and the other party on the title. The mortgage is between you and the lender. The lender's agreement does not change just because you changed the deed.
If you need to remove someone from a mortgage, the options are:
- Refinance in the name of the person keeping the property (if they qualify)
- Assumption of mortgage — some loan types allow another party to assume the existing loan, with lender approval
- Sale of the property — the proceeds pay off the mortgage and both parties are released
A quitclaim deed handles the title. The mortgage requires a separate conversation with the lender.
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Generate My Deed →Frequently Asked Questions
What is a quitclaim deed?
A quitclaim deed is a legal document that transfers whatever property interest the grantor currently holds to the grantee, with no warranty of title and no guarantee the grantor actually owns the property free and clear. It is commonly used between family members, divorcing spouses, and to clear title defects. The grantor "quits" — meaning releases — their claim to the property.
What does "quit" mean in quitclaim deed?
"Quit" in quitclaim deed comes from an older legal term meaning to relinquish or give up a claim. When a grantor signs a quitclaim deed, they are surrendering whatever interest they hold in the property — without making any promise about the nature or validity of that interest. It is not related to quitting a job or abandoning the property.
What is the difference between a quitclaim deed and a warranty deed?
A warranty deed guarantees the grantor holds clear title and will defend the grantee against future title claims, including claims that predate the grantor's ownership. A quitclaim deed makes no such guarantee — it transfers only whatever interest the grantor currently holds, which could be partial, disputed, or nonexistent. Use a warranty deed for arm's-length sales; use a quitclaim deed for transfers between trusted parties.
Does a quitclaim deed remove someone from a mortgage?
No. A quitclaim deed transfers property ownership, not mortgage responsibility. The deed and the mortgage are separate documents. Signing over a property with a quitclaim deed does not release the grantor from mortgage liability — the lender was not a party to the deed and the loan obligation remains. To remove someone from a mortgage, the remaining borrower typically needs to refinance.
When should I use a quitclaim deed?
Quitclaim deeds are appropriate when transferring property between parties who trust each other and are not concerned about title risk: spouses, family members, divorcing couples, or an owner moving property into a trust or LLC. They are also used to fix title errors — for example, correcting a name misspelling in the public record. Do not use a quitclaim deed for standard arm's-length sales or when a lender requires a warranty deed.
Is a quitclaim deed legally valid?
A quitclaim deed is a legally recognized deed type in all 50 states. Whether it is effective for a specific transfer depends on whether the grantor followed the execution requirements for the state where the property is located — typically signing before a notary, and sometimes before witnesses (Florida requires two witnesses under Fla. Stat. § 689.01). A quitclaim deed that transfers no interest because the grantor owned nothing is still a valid, legally filed document — it just conveys nothing.
What is a grant deed and how is it different from a quitclaim deed?
A grant deed is used primarily in California. Unlike a quitclaim deed, a grant deed carries two implied warranties: that the grantor has not previously transferred the same property to someone else, and that the property is free from encumbrances made by the grantor (though not necessarily by prior owners). A quitclaim deed makes no such implied promises.
Can I use a quitclaim deed to add someone to a title?
Yes. A common use of a quitclaim deed is to add a spouse, partner, or family member to an existing title. The current owner (grantor) executes a quitclaim deed naming both themselves and the new person as grantees. After recording, both people hold title. Note: adding someone to the title does not add them to the mortgage, and it may trigger a "due on sale" clause in some loan agreements.
Do I need an attorney to prepare a quitclaim deed?
An attorney is not legally required in most states to prepare a quitclaim deed, and many people complete quitclaim deeds without one for straightforward family transfers. However, an attorney is strongly recommended when: the transfer involves a mortgage, the transfer is part of a divorce, the property is in California and involves a parent-to-child transfer after Prop 19, there is any ambiguity in the title, or the transfer is part of an estate plan.
What are the risks of a quitclaim deed?
The main risk of a quitclaim deed is that the grantor might transfer less than the parties intend. If the grantor's title is disputed, the grantee inherits that dispute. If the grantor owns only a partial interest, the grantee receives only that partial interest. The deed also does not affect mortgages, liens, or easements on the property. For high-stakes transfers or any situation with title uncertainty, title insurance and attorney review are strongly recommended.