What is a quitclaim deed?

A quitclaim deed, or a quick claim deed, lets you transfer property from one person to another without making an actual sale. As the name suggests, it lets you “quit” your “claim” to the property in question.

While quitclaim deeds remove some of the hassle of transferring property, they’re not for everyone. Here’s what you need to know about these deeds to help you determine whether they’re right for you.

What is a quitclaim deed?

A quitclaim deed is a legal document that lets you transfer a property’s title from one party to another. This is done without making any changes to the property title.

Quitclaim deeds are ordinarily used in non-sale situations — such as when someone has inherited property or wants to share ownership with someone else (like a partner or spouse). They generally include the following:

• Name of the person transferring their interest in the property (grantor)
• Name of the person receiving that interest (grantee)
• Legal description of the property in question
• The date of transfer
• Notarized signatures from both parties

While quitclaim deeds are a quick way to transfer property, they don’t guarantee ownership or state the grantor’s true interest or rights to that property. A quitclaim deed only states that if the grantor does have any ownership rights, they agree to release them to the grantee.

Because of this, the grantee takes on the risk that the grantor’s interest in the property wasn’t valid or that someone else might also have ownership interest. This gives the grantee minimal legal protections since there are no certainties that the title is good.

How does a quitclaim deed work?

A quitclaim deed allows you to transfer a property to another party, similar to a warranty deed. But while both complete a transfer of ownership, the way they work — and the legal protections they provide — differ.

Here’s an overview of quitclaim deeds vs. warranty deeds:

When should you use a quitclaim deed?

Though quitclaim deeds lack the same protections of warranty deeds, they still have their uses. These are the main circumstances where you might use a quitclaim deed:

• Transfer rather than buy or sell property: When you purchase property, you usually need a warranty deed. But if you want to transfer property — such as between family members or close friends — a quitclaim deed lets you do this with minimal hassle. These deeds also make it easier to transfer ownership of inherited property.
• Correct an error: Property titles sometimes contain errors, like misspellings or incorrect addresses. A quitclaim deed lets you easily correct such mistakes.
• Add someone to the title: If you own property and get married, you can use a quitclaim deed to add your spouse to the property title.
• Remove someone from the title: In a divorce, a quitclaim deed can remove the other spouse’s name from the property.
• Avoid credit issues: If you want to get a mortgage with someone who has poor credit, you can purchase the property on your own and use a quitclaim deed to add them to the title later. If you’re refinancing your mortgage, you can also use the deed to remove the co-owner until the process is done.
• Clarify property interest or ownership: In the event of third-party or conflicting claims, a quitclaim deed could clarify the situation (e.g., concerns about a disputed right of way or issues about an adjoining property). It can also clarify how the property is owned between owners.

How to make a quitclaim deed

Here’s how to create a quitclaim deed:

1. Find a quitclaim deed form online: You may be able to find a printable quitclaim deed on your local government or county website. If not, you can always go through an attorney.
2. Fill it out: You’ll need to provide information about the grantor and grantee, the date, and any other pertinent details about the transfer. If someone is helping you prepare the document, provide their information, too. You’ll also need the property description (e.g., parcel number, mineral rights, description, tenancy, etc.).
3. Get it notarized: The grantor and grantee must sign the document, likely before a notary public. FedEx, UPS, and the post office often have a notary public on staff, or you can check with your secretary of state’s website for a directory.
4. File the deed: Go to your county clerk’s office to file the deed and register the property transfer.

How to file a quitclaim deed

It helps to know how to file a quitclaim deed before you get started. Here’s how to go about it:

1. Speak with a legal professional: While not required, having an attorney on your side can make the quitclaim deed process much easier.
2. Review the quitclaim deed form: Before heading to the county clerk, make sure everything is correctly filled out and accurate. Verify that you have everything you need — including any additional documentation.
3. Make sure it’s notarized: Generally, you won’t be able to file your deed until it’s notarized. Both parties must be present for this.
4. Register the deed: Once everything is in order, head over to the county clerk and file your deed. You may need to pay some fees, so be prepared.

Before you file, be aware of the following legal implications of quitclaim deeds:

• Loopholes: Some people leave behind property when they die, but this can result in a lengthy, expensive probate process. Using a quitclaim deed lets you transfer ownership ahead of time and avoid this legal process.
• Tax implications: If your estate is large enough, transferring property via a quitclaim deed can lower your state or federal estate taxes. Federal tax only applies to estates worth at least $13.61 million. The person receiving the property may also need to pay gift tax.

What are the pros and cons of a quitclaim deed?

A quitclaim deed allows you to transfer ownership of a property, but there are benefits and drawbacks you should consider:

What is a quitclaim deed FAQ

Can a quitclaim deed be contested?

It may be possible to contest a quitclaim deed if it was used to illegally transfer property — or when there’s proof that someone signed it under false pretenses or under duress. A quitclaim deed may also be overturned if both parties agree.

Do you need a lawyer to file a quitclaim deed?

You don’t need a lawyer to file a quitclaim deed, but having a legal representative can make the process easier. 

How does a quitclaim deed affect a mortgage?

A quitclaim deed doesn’t impact an existing mortgage since only the title gets transferred. If the grantor still has a mortgage, they’re still responsible for paying it. If the mortgage has a due-on-sale clause, the grantor must pay off the remaining mortgage upon making the transfer. If the grantor fails to pay what they owe, it could cause issues for the grantee, too.

Can a quitclaim deed transfer ownership to multiple parties?

Yes. Say, for example, four people own one piece of property but one person no longer wants it. They can file a quitclaim deed to transfer their share of ownership to the other three parties.