What Is a Quitclaim Deed? (And When to Use One)

New Mexico

New Mexico has specific community property rules. Here are the highlights. 

• Spousal signature: Both spouses must sign for community property, even if only one is named as owner
• Property description: Must include physical description, not just street address
• Cost: $25 filing fee plus notary costs; no transfer taxes

Missouri

A quitclaim deed in Missouri may be handwritten, although most will choose to print them out. However, Missouri has strict formatting and content requirements. 

• Format: Dark or black ink on white, watermark-free paper
• Content: Grantee's address on first page, physical property description, and tax parcel number
• Signatures: Grantor only, but must be notarized
• Cost: Approximately $20 for first page, $3 for each additional page

Massachusetts

Massachusetts defines quitclaim deeds differently than most states. Here, a quitclaim deed requires the grantor to defend against any legal claims that arose during their ownership—similar to a special warranty deed in other states. This provides more protection than typical quitclaim deeds. Filing costs include a $25 fee plus a transfer tax of $2.28 per $500 of taxable property value.

Indiana

Indiana requires specific documentation and statements for quitclaim deeds. 

• Notarization: Required for validity
• Privacy statement: Must include: "I affirm under penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document unless required by law. This instrument is prepared by [printed name of individual]."
• Recording: File with the county where property is located; fees vary by county
• Transfer tax: None

Ohio

Ohio has unique disclosure requirements but doesn't require notarization. Here's an overview of the general requirements. 

• Marital information: Grantor's marital status and spouse's name (if applicable)
• Residence: County where grantor resides
• Restrictions: Any easements or land restrictions must be disclosed
• Notarization: Not required

Quitclaim deeds work well for family transfers, moving property into trusts, and correcting title errors. With the exception of Massachusetts, however, a quitclaim title offers a buyer no protection and, therefore, should not be used when buying or selling real estate.

Quitclaim deed FAQs

When should I use a quitclaim deed instead of other options?

You should use a quitclaim deed when you're transferring property between people who trust each other and aren't worried about title problems. The most common situations include giving property to family members (like parents giving a house to their kids), adding or removing a spouse's name from a property title, or transferring property as part of a divorce settlement. 

Quitclaim deeds are also perfect for fixing small mistakes on existing property titles, like correcting a misspelled name or updating an address. They're commonly used when putting property into a living trust for estate planning purposes, too. You should never use a quitclaim deed when buying property from someone you don't know well or in a regular home sale. Since there are no guarantees with a quitclaim deed, you could end up with a property that has liens, unpaid taxes, or other ownership problems that become your responsibility to solve.

What happens if someone refuses to sign a quitclaim deed, especially in a divorce?

If your ex-spouse refuses to sign a court-ordered quitclaim deed, the judge can hold them in contempt or even sign the deed on their behalf, ensuring the property transfers to you despite their refusal.

To make this happen, you'll typically need to show the court your divorce decree that orders the property transfer, present the unsigned quitclaim deed, and prove that your ex-spouse is refusing to sign without a good reason. It's best to work with a lawyer for this process since court procedures can be complicated.

Does a quitclaim deed affect my mortgage or loan obligations?

No, a quitclaim deed does not change who is responsible for paying the mortgage—it only changes who owns the property. If your name is on the mortgage loan, you're still legally required to make those payments even after you sign a quitclaim deed giving the property to someone else. This can create a risky situation.

For example, if you give your house to your child through a quitclaim deed but your name stays on the mortgage, you're still responsible for the monthly payments. If your child stops paying, the bank can still come after you for the money and damage your credit. The best solution is usually to refinance the mortgage so that only the new property owner's name is on the loan. Some lenders might also allow a loan assumption, where the new owner officially takes over the mortgage payments. Always check with your lender before using a quitclaim deed on a property with an existing mortgage.

Can a quitclaim deed be challenged or canceled after it's been signed?

Yes, a quitclaim deed can be challenged in court, but only under specific circumstances. Someone might be able to cancel or invalidate the deed if they can prove it was signed through fraud, forgery, or when the person signing it wasn't mentally capable of making that decision. For example, if someone tricked an elderly person into signing a quitclaim deed by lying about what the document was, or if someone forged a signature, a court might declare the deed invalid.

The person challenging the deed has to provide strong evidence that something was wrong with how it was signed. To protect yourself from challenges, make sure the quitclaim deed is properly notarized, recorded with the county, and that you have witnesses or documentation showing the person signed it willingly and understood what they were doing. If you're concerned about potential challenges, it's smart to work with a lawyer to make sure everything is done correctly.

What are the main risks of accepting property through a quitclaim deed?

The biggest risk is that you might inherit serious problems with the property that become your responsibility to fix. Since quitclaim deeds come with no guarantees, you could discover unpaid property taxes, contractor liens, or even find out that other people have legal claims to the property. You also can't get title insurance on most properties transferred through quitclaim deeds, which means you have no financial protection if title problems come up later.

This is like buying a used car without any warranty—if something breaks, you're stuck paying to fix it yourself. To reduce these risks, you can pay for a title search before accepting the property to check for liens or other problems. You should also make sure you trust the person giving you the property and understand why they're using a quitclaim deed instead of a warranty deed. If you have any doubts about the property's history, it might be better to ask for a warranty deed instead.

How do I properly execute and file a quitclaim deed?

To properly execute a quitclaim deed, you need to fill out the form with accurate information, including the exact legal description of the property, the full legal names of both the person giving the property (grantor) and the person receiving it (grantee), and the date of transfer. The person giving away the property must sign the deed in front of a notary public. After it's signed and notarized, you must file the deed with the county clerk's office in the county where the property is located.

You'll typically need to pay a recording fee and might need to fill out additional forms, like a property transfer tax form. Make sure all names match exactly what's on existing property records—even small differences like "Bob" versus "Robert" can cause problems. Use the property's official legal description from previous deeds, not just the street address. Once it's properly recorded, the transfer becomes part of the public record and is legally complete.