Updated June 19, 2026
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See the form buildersA quitclaim deed is a legal document that transfers whatever ownership interest the signer (the grantor) has in a property to another person (the grantee), with no warranty that the title is valid or free of claims. Unlike a warranty deed, it makes no promises: it simply releases, or "quits," any claim the grantor may have. Because of that lack of protection, quitclaim deeds are used mainly between family members, spouses, and parties who already trust each other, not in standard home sales. This is educational information, not legal advice.
What Does a Quitclaim Deed Actually Transfer?
A quitclaim deed transfers interest, not guaranteed ownership. If the grantor owns the property outright, the grantee receives full ownership. If the grantor owns half, the grantee receives half. And if the grantor turns out to own nothing at all, the grantee receives nothing, and has no legal recourse. There is no covenant of title, no promise that the property is free of liens, mortgages, or competing claims.
This is why quitclaim deeds are almost never used when a buyer is paying market price to a stranger. In those transactions, a warranty deed backed by title insurance gives the buyer real protection. Quitclaim deeds work when the parties already trust each other and the goal is a quick, low-cost transfer, not a guarantee.
Quitclaim Deed vs Warranty Deed
| Feature | Quitclaim Deed | Warranty Deed |
|---|---|---|
| Title guarantee | None | Full warranty of clear title |
| Protection for new owner | Minimal | Strong; grantor liable for title defects |
| Typical use | Family, divorce, trusts, fixing title | Arm's-length sales |
| Title insurance | Usually unavailable on the deed alone | Standard |
| Speed and cost | Fast and inexpensive | More involved |
Why People Use Quitclaim Deeds
Common, legitimate reasons to use a quitclaim deed include:
- Divorce: One spouse quitclaims their interest in the marital home to the other as part of the settlement.
- Marriage: Adding a new spouse to the title of a home one partner already owns.
- Family transfers: Gifting or transferring property to a child, sibling, or parent.
- Estate planning: Moving real estate into a living trust or an LLC for management or probate avoidance.
- Clearing a clouded title: Having a person who might have a claim sign away any interest to remove doubt.
How to Fill Out a Quitclaim Deed Form
A standard quitclaim deed form includes a predictable set of fields. To complete one correctly you generally need:
- The preparer's name and return address (where the recorded deed is mailed back).
- The grantor's full legal name and the grantee's full legal name, exactly as they should appear on title.
- The consideration, the amount paid, often a nominal sum such as $1 or "love and affection" for gifts.
- The legal description of the property, copied precisely from the current deed, not just the street address.
- The county and state where the property sits.
- A signature block and a notary acknowledgment section.
The legal description is where people most often make mistakes. Copy it word for word from the existing recorded deed or the county property record. Getting even a single word wrong can invalidate the transfer or create a title defect that surfaces years later when the grantee tries to sell.
How to File: Notarize and Record
Signing the deed is not enough. To make the transfer effective and protect it against later claims, follow these steps:
- Sign before a notary. The grantor must sign in the presence of a notary public, who acknowledges the signature. Some states also require witnesses.
- Record the deed. Take the notarized deed to the county recorder, clerk, or register of deeds where the property is located and pay the recording fee. Recording puts the transfer in the public record.
- Handle transfer tax and disclosure forms. Many counties require a preliminary change of ownership report or a transfer tax declaration filed alongside the deed.
Until the deed is recorded, third parties, including a subsequent buyer or creditor, may have trouble acknowledging the transfer at all. Recording is what puts the new ownership in the public record and makes it enforceable against others.
State-by-State Differences to Watch
Quitclaim deed rules are set at the state and county level, so the details vary. Watch for these state-specific points:
- Witness requirements. States such as Florida and Georgia require witnesses in addition to a notary; most states require only notarization.
- Real estate transfer tax. Some states and counties charge a transfer tax even on a quitclaim, while gifts to a spouse or for nominal consideration may be exempt.
- Recording format. Counties set margin, font, and first-page formatting rules, and a deed that does not meet them can be rejected.
- Community property states. In states like California and Texas, transfers between spouses carry extra considerations for how title is held.
Confirm the current requirements with your county recorder before signing. A rejected or defective deed can leave ownership genuinely unclear, which is an expensive problem to resolve after the fact.
Tax and Mortgage Implications
A quitclaim transfer can have tax consequences that catch people off guard. A transfer for little or no consideration is treated as a gift, and a grantor who gives away more than the annual exclusion amount may need to file a federal gift tax return (Form 709). See the IRS gift tax FAQ for current thresholds. The grantee also typically inherits the grantor's original cost basis, which can create a capital gains tax issue when the property is eventually sold.
A quitclaim deed does not remove anyone from a mortgage. Transferring the property and staying on the loan are separate things; your name remains on the debt regardless of what the deed says. Transferring a mortgaged property can also trigger a due-on-sale clause, though the Garn-St Germain Act protects many transfers between relatives from that consequence. The Consumer Financial Protection Bureau explains how due-on-sale clauses work in practice. Talk to your lender before transferring a mortgaged property.
A quitclaim deed is a fast, low-cost tool when the parties already trust each other and the goal is a simple transfer. It offers no title protection, and it does not touch your mortgage. Confirm your county's recording requirements, think through the tax implications, and have a real estate attorney review the transaction when significant value or an existing loan is involved.
Transferring a property yourself?
Pair this guide with our other state-aware form generators for the rest of the paperwork.
See the form builders