What Is a Quitclaim Deed and When Is One Used?

A quitclaim deed is a legal document used to transfer whatever ownership interest a person has in real estate to someone else.

What makes it different from many other deeds is what it does not promise.

The person signing a quitclaim deed generally makes no warranty that they actually own the property, that their ownership interest is valid or that the title is free from other claims.

That makes quitclaim deeds useful for certain transfers between people who already understand the property’s ownership history, but potentially risky when used in an ordinary real estate purchase.

Key Takeaways

1. A quitclaim deed transfers whatever property interest the grantor has, if any, without guaranteeing good title.
2. Quitclaim deeds are commonly used between family members, spouses, former spouses and trusts.
3. Changing the deed does not automatically change who is responsible for an existing mortgage.

What Is a Quitclaim Deed?

A quitclaim deed transfers the grantor’s existing interest in real property to a grantee without making warranties about the quality of that interest.

The two main parties are:

• Grantor: The person or entity transferring whatever interest they have.
• Grantee: The person or entity receiving that interest.

The key phrase is whatever interest they have.

If the grantor owns the entire property, a properly executed quitclaim deed can transfer that interest.

If the grantor owns only a partial interest, only that interest is conveyed.

If the grantor has no legal interest at all, a quitclaim deed generally cannot magically create ownership for the grantee.

What Does a Quitclaim Deed Guarantee?

Very little about the quality of title.

A quitclaim deed generally does not promise that:

• The grantor actually owns the property
• The grantor owns the entire property
• The title is free of liens
• No other person has an ownership claim
• The property’s title history is free from defects

That lack of warranties is what distinguishes a quitclaim deed from deeds that include title covenants.

Is a Quitclaim Deed Proof That You Own a Property?

It can be evidence of a transfer, but the existence of a quitclaim deed by itself does not prove that the grantor had good title to convey.

Suppose someone quitclaims a property to you but never owned the property in the first place.

The deed does not give you a stronger interest than that person actually possessed.

That’s why property ownership is normally evaluated by looking at the larger chain of title rather than one document in isolation.

Our guide to finding out who owns a property explains how deeds and public records can be used together to research ownership.

When Is a Quitclaim Deed Used?

Quitclaim deeds are often used when the parties know each other and the transfer isn’t structured like a typical arms-length home sale.

Common examples include:

• Adding a spouse to title after marriage
• Removing a former spouse following divorce
• Transferring property between family members
• Moving property into or out of certain trusts
• Correcting some ownership or deed issues
• Releasing a possible ownership claim

The appropriate deed and procedure depend on state law and the circumstances of the transfer.

Can You Use a Quitclaim Deed to Add a Spouse?

Often, yes.

Suppose one spouse owns a home individually and later wants both spouses to hold title.

A deed can potentially be used to transfer an interest from the current owner to both spouses.

But how the new owners should take title matters.

States recognize different forms of co-ownership, potentially including:

• Tenancy in common
• Joint tenancy
• Tenancy by the entirety
• Community property arrangements

Those ownership structures can carry different legal consequences.

Don’t choose the ownership wording on a deed simply because you found a form online.

Can a Quitclaim Deed Remove a Spouse After Divorce?

Yes, quitclaim deeds are commonly used as part of property transfers following divorce.

For example, if both spouses hold title but one is awarded the home, the departing spouse may execute a deed transferring their ownership interest to the spouse keeping the property.

But the deed and the mortgage are separate issues.

If both spouses signed the mortgage loan, removing one spouse from the deed does not automatically remove that person from the debt.

The mortgage lender can generally continue to hold a borrower responsible unless the lender releases them, the loan is refinanced or another permitted process changes the obligation.

Does a Quitclaim Deed Remove Someone From the Mortgage?

No.

A quitclaim deed changes an ownership interest in the property.

It does not, by itself, rewrite the mortgage contract.

For example:

• Alex and Jordan both own the home.
• Alex and Jordan are both borrowers on the mortgage.
• Alex quitclaims Alex’s property interest to Jordan.

Jordan may become the sole owner of the property, depending on the deed and state law.

But Alex can still remain legally responsible for the mortgage because Alex’s name is still on the loan.

Removing a borrower generally requires lender involvement, such as an approved refinance, assumption or release of liability when available.

Can a Quitclaim Deed Affect an Existing Mortgage?

Potentially.

Many mortgage agreements contain a due-on-sale clause allowing the lender to require repayment if ownership of the secured property is transferred without the lender’s consent.

Federal law restricts enforcement of due-on-sale clauses for several transfers involving certain residential properties.

Protected situations can include:

• Certain transfers to a borrower’s spouse or children
• Certain transfers resulting from divorce or legal separation
• Certain transfers after the death of a borrower
• Certain transfers into qualifying living trusts

But not every quitclaim transfer necessarily falls within one of those protections.

If the property has a mortgage, review the loan documents and talk with the lender or an attorney before transferring ownership.

Do You Need to Pay Money for a Quitclaim Deed?

Not necessarily.

Quitclaim deeds are frequently associated with transfers where little or no money changes hands, such as transfers between family members.

But a quitclaim deed is defined by the absence of title warranties, not by whether the grantee pays the grantor.

A transfer can potentially involve consideration and still use a quitclaim deed.

Tax and recording consequences can also depend on the jurisdiction and transaction.

Quitclaim Deed vs. Warranty Deed

The primary difference is the protection the grantor provides concerning title.

A general warranty deed typically contains broad covenants concerning the grantor’s title.

A quitclaim deed generally says, in effect: whatever interest I have, I transfer to you.

Quitclaim Deed vs. Special Warranty Deed

A special warranty deed provides more protection than a quitclaim deed but generally less than a general warranty deed.

With a special warranty deed, the grantor usually warrants against title problems arising during the grantor’s period of ownership.

The grantor generally does not warrant against defects that existed before they acquired the property.

The exact effect of any deed depends on its wording and state law.

Are Quitclaim and Warranty Deeds the Only Types of Deeds?

No.

Deed terminology varies around the country, and jurisdictions can recognize additional deed forms.

Depending on the state and transaction, you may encounter:

• General warranty deeds
• Special warranty deeds
• Quitclaim deeds
• Bargain-and-sale deeds
• Grant deeds
• Personal representative or executor deeds
• Trustee deeds
• Sheriff’s deeds
• Other statutory deed forms

Do not assume the correct deed for your transaction solely from a nationwide template.

Can a Quitclaim Deed Clear a Cloud on Title?

Sometimes it can help resolve a particular ownership claim, but it does not automatically clear every title defect.

For example, suppose an old deed creates uncertainty about whether a former spouse retained an interest in the property.

That person might execute a quitclaim deed releasing whatever claim they have.

But a quitclaim deed from the homeowner generally would not eliminate:

• A valid mortgage lien
• A judgment lien
• A tax lien
• A contractor lien
• Another person’s ownership interest

Those issues require whatever release, payoff or corrective procedure applies to the particular claim.

What Is a Cloud on Title?

A cloud on title is an apparent claim, defect or other issue that creates uncertainty about ownership or the property’s title.

Examples can include:

• An unreleased mortgage
• A disputed ownership interest
• An improperly executed deed
• A lien
• An estate issue
• An error in a recorded document

A title search can help identify recorded issues that may need to be resolved before a property is sold or refinanced.

Our guide to property title review explains what the title process can uncover.

Does a Quitclaim Deed Remove a Lien?

Generally, no.

Changing ownership doesn’t make valid liens disappear.

If a property has an existing mortgage, tax lien or judgment lien, transferring an owner’s interest through a quitclaim deed may leave the property subject to that lien.

The lien typically must be satisfied, released or otherwise addressed under the applicable law.

See how property liens can affect a sale for more on resolving recorded claims.

Should You Buy a House With a Quitclaim Deed?

A quitclaim deed can validly convey an ownership interest, but it provides the grantee with little or no protection from the grantor concerning title quality.

That makes it very different from a casual assumption that the deed guarantees the seller owns the home free and clear.

If you’re purchasing property from an unrelated seller, investigate:

• Who actually holds title
• Whether liens affect the property
• The chain of title
• The deed being used
• The title insurance available

A professional title search and title insurance can provide protections that the quitclaim deed itself does not.

What Information Is on a Quitclaim Deed?

Requirements vary by state and local recording office.

A quitclaim deed commonly contains information such as:

• Grantor name
• Grantee name
• Property’s legal description
• Statement conveying the grantor’s interest
• Applicable consideration language
• Grantor signature
• Notarization or acknowledgment when required
• Other information required by state or local law

The deed may also need information related to parcel identification, mailing addresses, transfer taxes or document preparation.

Why Does the Legal Description Matter?

A deed needs to identify the property being transferred.

That is commonly done through the property’s legal description rather than relying solely on a street address.

The description might use:

• Lot and block
• Metes and bounds
• Public Land Survey System references

If the legal description is wrong, the deed may not transfer the property the parties intended.

See how to read the legal description on a deed for more detail.

Does a Quitclaim Deed Need to Be Notarized?

Execution requirements depend on state law.

Notarized acknowledgment is common, particularly when a deed will be recorded, but the exact requirements can include:

• Grantor signatures
• Notarization
• Witnesses
• Specific statutory wording
• Transfer forms
• Recording fees

Check the law and recording requirements where the property is located.

Where Do You File a Quitclaim Deed?

Deeds are generally recorded with the local office responsible for land records in the jurisdiction where the property is located.

Depending on the area, that office might be called the:

• County recorder
• Recorder of deeds
• Register of deeds
• County clerk
• Clerk of court

Recording creates a public record of the transaction and can affect rights involving later purchasers or creditors.

Requirements and fees vary.

Can You Prepare a Quitclaim Deed Yourself?

Forms are widely available, but that does not mean every transfer is simple.

Mistakes can affect:

• Who owns the property
• How multiple owners hold title
• Existing mortgage rights
• Property taxes
• Transfer taxes
• Estate planning
• Creditor rights

A deed also has to comply with the law where the property is located.

For a transfer involving divorce, inheritance, a trust, substantial equity or an existing mortgage, consider having a real estate attorney or other qualified professional review the transaction.

Can You Reverse a Quitclaim Deed?

Not simply because one party later changes their mind.

Once a valid deed has been delivered and the transfer completed, reversing it generally requires another legally valid transfer or another remedy available under state law.

For example, the new owner might voluntarily deed the interest back.

A disputed deed involving fraud, incapacity or another legal defect can raise more complicated questions that may require court involvement.

Does a Quitclaim Deed Affect Property Taxes?

It can.

An ownership transfer can potentially affect:

• Property-tax assessments
• Homestead or other exemptions
• Transfer taxes
• Ownership-based tax benefits

The effect varies considerably by state and locality.

A transfer between spouses might receive treatment different from a transfer to an unrelated person.

Check with the local assessor and tax authority before assuming the transfer has no tax consequences.

Does a Quitclaim Deed Affect Title Insurance?

Potentially.

Owner’s title insurance protects the insured party or parties subject to the terms of the policy.

Changing ownership after the policy is issued can affect who remains insured and what coverage applies.

If you’re transferring property into a trust, adding a spouse or otherwise changing title, ask the title insurer whether the existing owner’s policy continues to provide the coverage you expect.

Quitclaim Deed Checklist

Before using a quitclaim deed:

1. Confirm who currently owns the property.
2. Determine exactly what ownership interest is being transferred.
3. Review any existing mortgage or other liens.
4. Decide how the new owner or owners should hold title.
5. Use the correct legal description.
6. Check state execution and notarization requirements.
7. Review potential tax consequences.
8. Confirm recording requirements and fees.
9. Consider how the transfer affects title insurance.
10. Get professional advice when the ownership, mortgage or tax issues are complicated.

Bottom Line

A quitclaim deed transfers whatever ownership interest the grantor has in real property without guaranteeing that the title is valid or free from defects.

That makes it useful for many transfers between people who already understand the property’s ownership history, including some transfers between spouses, former spouses and family members.

But a quitclaim deed does not eliminate liens, guarantee good title or automatically remove someone from a mortgage.

Before signing one, understand exactly what property interest is changing hands — and what financial or legal obligations are staying exactly where they were.

FAQ

What is a quitclaim deed?

A quitclaim deed transfers whatever interest the grantor currently has in real property, if any, without warranties that the grantor has good title.

What is the main purpose of a quitclaim deed?

Quitclaim deeds are commonly used for transfers between related parties, adding or removing owners, transferring property connected with divorce or trusts, or releasing a possible ownership claim.

Does a quitclaim deed mean you own the property?

It transfers only whatever interest the grantor actually possessed. If the grantor had no ownership interest, the quitclaim deed does not generally give the grantee better title.

Does a quitclaim deed remove someone from a mortgage?

No. Transferring ownership does not automatically change who owes the mortgage debt. A borrower generally remains responsible until the lender releases that person or the loan is otherwise changed.

Can a quitclaim deed remove a lien?

Generally, no. A valid mortgage, tax lien, judgment lien or other claim typically requires its own payoff, release or other resolution.

Can you use a quitclaim deed during divorce?

Yes. Quitclaim deeds are commonly used to transfer a spouse’s property interest in connection with divorce, but the deed alone does not remove that spouse from a joint mortgage.

Can you use a quitclaim deed to add a spouse?

Often, yes. The appropriate deed language and form of co-ownership depend on state law and how the owners want to hold title.

Does money have to change hands for a quitclaim deed?

No. Quitclaim deeds are often used for gifts and family transfers, but the lack of title warranties — not whether money changes hands — is what defines the deed.

What is the difference between a quitclaim deed and a warranty deed?

A quitclaim deed generally provides no warranties about title. A warranty deed contains title covenants or warranties whose scope depends on the deed and applicable law.

Do you need a lawyer for a quitclaim deed?

Not every state or transaction requires one, but legal advice can be useful when the transfer involves a mortgage, divorce, inheritance, trust, tax consequences or uncertainty about ownership.

Where is a quitclaim deed recorded?

It is generally recorded with the local land-record office for the jurisdiction where the property is located, such as the county recorder or register of deeds.