Why would someone get a quitclaim deed?

Quitclaim deeds are most common between people who already trust each other: adding or removing a spouse after marriage or divorce, transferring property to a family member, moving real estate into a living trust or LLC, or clearing up a clouded title. They are fast and simple but offer the new owner no guarantee that the title is good.

What are the disadvantages of a quitclaim deed?

A quitclaim deed offers no warranty of title. It transfers only whatever interest the grantor actually has, which could be full ownership, partial ownership, or nothing at all. The grantee gets no protection against liens, undisclosed co-owners, or competing claims, and usually cannot buy title insurance based on a quitclaim alone. That is why it is rarely used in arm's-length sales between strangers.

Does a quitclaim deed need to be notarized?

Yes. In every state the grantor's signature on a quitclaim deed must be acknowledged before a notary public, and many counties require the deed to be recorded with the county recorder or clerk to be effective against third parties. Some states also require witnesses. Always confirm your county's exact recording requirements before signing.

Does a quitclaim deed remove your name from the mortgage?

No. A quitclaim deed transfers ownership of the property, but it does not change who is responsible for the mortgage. If your name is on the loan, you remain legally liable even after you sign away your ownership. Removing yourself from the mortgage requires the lender to refinance or formally release you.

Quitclaim Deed: What It Is, How to Fill One Out, and How to File

By Chris Terry, Founder & Editor
Updated June 19, 2026

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A 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 a Quitclaim Deed Actually Transfers

The key thing to understand is that a quitclaim deed transfers interest, not guaranteed ownership. If the grantor owns the property outright, the grantee receives full ownership. If the grantor owns only half, the grantee receives half. And if the grantor turns out to own nothing, the grantee receives nothing, with no legal recourse against the grantor. The deed carries no covenant of title, so it does not promise 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, protects the buyer. Quitclaim deeds shine when the parties already know and trust each other and the goal is a quick, low-cost transfer.

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 the field people most often get wrong. Copy it word for word from the existing recorded deed or the county property record. An error there can invalidate the transfer or create a title problem later.

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 (and even the grantee) may have trouble proving the transfer occurred. Recording is what gives the new owner public, enforceable title.

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.

Always confirm the current requirements with your county recorder before signing, since a rejected or defective deed can leave ownership unclear.

Tax and Mortgage Implications

A quitclaim transfer can have tax consequences. A transfer for little or no consideration is generally treated as a gift, and a grantor who gives away more than the annual exclusion may need to file a federal gift tax return. See the IRS gift tax FAQ for current thresholds and Form 709 rules. The grantee also generally takes the grantor's original cost basis on a gift, which can affect capital gains tax on a future sale.

A quitclaim deed also does not remove anyone from a mortgage. If you transfer the property but your name is still on the loan, you remain liable for the debt. Transferring a mortgaged property can also trigger a due-on-sale clause, though federal law under the Garn-St Germain Act protects many transfers between relatives. The Consumer Financial Protection Bureau explains how due-on-sale clauses work. Talk to your lender before transferring a mortgaged property.

A quitclaim deed is a powerful, low-cost tool when the parties trust each other and the goal is a simple transfer. But because it offers no title protection and does not touch your mortgage, confirm your county's recording rules, consider the tax impact, and have a real estate attorney review the transaction whenever significant value or a loan is involved.