What Is a Quitclaim Deed, and When to Use It? (Complete Guide)

General warranty

A general warranty deed says that the seller owns the property and that it hasn't been sold to another party already. Additionally, a general warranty deed says that there are no other legal claims on the property's title or debts that transfer with the property discovered during the probate process nor any outstanding liens. Traditional sale transactions work best using general warranty deeds, and most typical real estate transactions involve a general warranty deed because it confirms the seller has the legal right to sell.

Special warranty deeds

Special warranty deeds differ from general warranty deeds because, while a general warranty deed guarantees that real property is free and clear of any liens or claims, the special warranty deed only guarantees that no liens or debts occurred while the current seller owned the property. The special warranty deed also makes no guarantees about any title defects, particularly under the previous owner. In other words, if there were claims on the property before the seller's ownership, the seller makes no promises to the buyer during property transactions.

What is a quitclaim deed?

The process through which owners quit the claim on their properties is called a quitclaim deed. A quitclaim deed is named as such because it means that the owner is leaving behind their claim on the property. Unlike warranty deeds, quitclaim deeds offer zero buyer protection. Much like the accidental misspelling of quitclaim as a quick claim, a quitclaim deed document is a fast way to transfer real estate titles from one owner to another.

The way a quitclaim deed works is that this type of transfer makes no seller guarantees. It merely states that the seller transfers any ownership interest to the buyer. So if the seller has absolutely no ownership interest in the property, that's precisely what transfers in a quitclaim deed to any buyer.

Jeb Smith, the founder of Parker Marker, a real estate firm, offers some advice on when to use a quitclaim deed. "It is important to note that a quitclaim deed does not provide any warranties or guarantees about the title of the property. The person signing the quitclaim deed is only transferring the rights they have in the property, and they are not making any promises about the property title."

When should I use a quitclaim deed?

Because a quitclaim deed offers no protection for buyers, it should not be used during traditional real estate sales. There is no guarantee of a clear title. Instead, quitclaim deeds are used when there is a property transfer outside of a real estate sale. No title search or title insurance is needed for quitclaim deeds. Consult an attorney before making such a decision, and one well-versed in family law, for any quitclaim deeds between family members. Any business partners or other parties involved should consult their own legal representation as well.

Quitclaim deed transfers are ideal for:

• transferring property interest between family members, such as a parent to a child
• transferring property between married persons, as is the case when one party brings property into the marriage
• transferring property in the event of divorcing spouses, where one ex-spouse is relinquishing their property ownership and the other ex-spouse will remain in the home
• transferring ownership of property from personal ownership to a living trust during an estate plan
• fixing any errors on existing titles, such as typos

Transferring property through a quitclaim deed

In order to transfer property using a quitclaim deed, a quitclaim deed form must be in writing in order to be recognized. A quitclaim deed is a legal document and requires a legal description of the property being deeded, the county in which the property is located, the date of property transfer, the name(s) of the person transferring the property (grantor), and the name(s)of the person in receipt of the property (grantee). If any money is exchanged, that must also be noted on the quitclaim deed. This deed form does not suspend any mortgage obligation.

A quitclaim deed is signed by the grantor but not always the guarantee, or person receiving the property. The document is usually notarized, and in many states, the deed must be filled with the county clerk in the county where the property lies.

If you are purchasing real property, a quitclaim deed does not meet the level of protection you, as a buyer, should demand. Chuck Vander Stelt, a real estate agent in Valparaiso, Indiana, warns against using quitclaim deeds in such a transaction. "Using a quitclaim deed in an arm's length transaction should be a red flag to the buyer," he says.

State-specific quitclaim information

Requirements for quitclaim deeds vary by state, and some states have specific standards for quitclaim deeds that go beyond others. The following states have more detailed requirements.

New Mexico

In New Mexico, transferring property requires a new deed to be filed with the county clerk's office to include the name of the grantor, grantee, a physical description of the property beyond just a street address, and notarization. If the deed is a transfer of community property, both spouses must sign the deed, even if only one spouse is named as the owner. A quitclaim deed costs $25 to file at the county clerk's office in addition to any costs associated with the notary public. There are no transfer taxes for deeds filed in New Mexico.

Missouri

A quitclaim deed in Missouri may be handwritten, although most will choose to print them out. Missouri quitclaim deeds must be written in dark or black ink on watermark-free light or white paper. The grantee's address must be on the first page of the legal documents. Additionally, quitclaim deeds in Missouri require a physical description of the property being conveyed as well as the tax parcel number. While only the grantor signs the quitclaim deed in Missouri, it must be notarized. Missouri charges a flat fee for the first page of the quitclaim deed filing, which is around $20, and each additional page is around $3.

Massachusetts

Massachusetts has different definitions for a quitclaim deed. While other states make no requirements of the grantor and, therefore, do not protect the grantee, in Massachusetts, a quitclaim deed requires the grantor to defend against any legal claims during the grantor's ownership. In Massachusetts, a quitclaim deed is akin to a special warranty deed elsewhere. There is a $25 filing fee for new deeds in Massachusetts as well as a property transfer tax, which is typically $2.28 per $500 of taxable value.

Indiana

In Indiana, a quitclaim deed must be notarized in order to make the transaction official. There must be a legal description of the property that matches other records for it. The deed must contain this statement: "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]."

The new property owner needs to record the deed in the county where the property is. A recording fee, which varies by county, will be paid, and the deed will be sent back to the new property owner with a recording stamp. There is no transfer tax for quitclaim deeds in Indiana.

Ohio

In Ohio, quitclaim deed requirements vary from those in other states. In addition to the name of the grantor of the property, an Ohio quitclaim deed must state the marital status of the grantor and the name of their spouse, if applicable. Additionally, the county where the grantor resides must be on the quitclaim deed. If there are any restrictions on the land, these must be included in the quitclaim deed, such as an easement that would allow neighbors to cross over the property to access a waterfront. Unlike many states, however, Ohio business law does not require a quitclaim deed to be notarized.

Quitclaim deeds are an expedient means of transferring property among family members to living trusts, and also a good way to address clerical errors on existing titles. 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 quitclaim deed that's required by your divorce agreement, you can ask the court to force them to comply. The judge can hold them in contempt of court, which might mean jail time until they agree to sign the deed. In some cases, the court can even sign the deed for them or issue a court order that has the same effect as a signed quitclaim deed.

This means you can still get the property transferred to you even if your ex-spouse is being difficult. To make this happen, you'll 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 usually 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.