A quitclaim deed transfers whatever interest the grantor holds in a property, with zero warranties: if the grantor owns it all, the grantee gets it all; if the grantor owns nothing, the grantee gets nothing. That trade-off makes it the fastest deed for transfers between people who already trust each other.
Its natural habitat is family and divorce transfers: adding or removing a spouse from title, moving property into a living trust, gifting to a child, or cleaning up a title defect. It is the wrong tool for an arm's length sale.
When a quitclaim deed is the right tool
- Divorce: one spouse releases their interest to the other per the settlement
- Adding a new spouse to title after marriage
- Transferring property into or out of a living trust or an LLC you control
- Gifting property to a family member
- Clearing a cloud on title, such as a possible heir releasing a claim
Never accept a quitclaim in a purchase
A buyer paying market price should insist on a warranty deed (or a grant deed in California) plus title insurance. A quitclaim gives the buyer no recourse if the title turns out to be defective.
What makes the deed valid: signing and recording
Every state requires the grantor's notarized signature; a few also require witnesses (Florida requires two). The legal description must match the county records exactly, which is why this template asks you to copy it from the existing deed rather than paraphrase. Recording with the county is what protects the grantee against later claims: an unrecorded deed can be valid between the parties yet lose to a later recorded interest.
Watch for two follow-on effects. First, transfer taxes: many counties tax deed transfers, though family and nominal-consideration transfers are often exempt with the right declaration. Second, the due-on-sale clause: if the property has a mortgage, transferring title can technically trigger the lender's right to call the loan, although federal law exempts many family transfers.
Tax consequences worth knowing before you sign
A lifetime gift by quitclaim carries the grantor's cost basis to the grantee, while property inherited at death generally receives a stepped-up basis. For appreciated property, that difference can mean a large capital gains bill for a child who received the home by deed rather than by inheritance. Gifts above the annual exclusion also require a federal gift tax return. For significant transfers, run the plan past a tax professional first.
A quitclaim transfers whatever interest the grantor has, with no guarantees: buyers in arm's-length sales should insist on a warranty deed or at least a grant deed. To pass property automatically at death without probate, look at the transfer on death deed.
Quitclaim vs. warranty vs. grant deed: choosing the right instrument
Deeds differ in one dimension that matters: how much the grantor promises about the title. A general warranty deed promises that the title is good against the whole world, covering defects that arose even before the grantor owned the property. A special warranty deed narrows that promise to the grantor's own period of ownership. A grant deed, common in California, carries two implied covenants: the grantor has not already conveyed the property to someone else and has not encumbered it beyond what the deed discloses. A quitclaim promises nothing at all.
| Deed type | What the grantor promises | Typical use |
|---|---|---|
| General warranty deed | Clear title against all claims, including those predating the grantor | Arm's length home sales |
| Special warranty deed | No defects created during the grantor's ownership only | Commercial deals, foreclosure resales, builder sales |
| Grant deed | No prior conveyance and no undisclosed encumbrances by the grantor | Standard sales in California and a few other states |
| Quitclaim deed | Nothing: transfers whatever interest exists, if any | Family transfers, divorce, trusts, title cleanup |
The practical rule: use a quitclaim when the relationship between the parties is the real security, and a warranty or grant deed whenever money changes hands at market value. Title insurance follows the same logic. An insurer underwrites a purchase backed by a warranty deed as a matter of routine, but a quitclaim in the chain of title may prompt extra scrutiny because it is sometimes used to paper over known problems.
How to complete and record a quitclaim deed, step by step
- Pull the current deed from the county recorder's records and copy the legal description word for word, including lot, block, subdivision, or metes and bounds language.
- Identify the grantor exactly as their name appears on the current deed, adding any name changes since (for example, formerly known as a maiden name).
- Name the grantee with their full legal name and decide how they will hold title if there is more than one grantee.
- State the consideration: the actual price if money is paid, or a nominal recital for gifts, matched to your county's transfer tax declaration.
- Sign before a notary, with witnesses if your state requires them; the grantee usually does not sign.
- Complete any required transfer tax declaration, preliminary change of ownership report, or exemption affidavit your county demands.
- Deliver the deed to the grantee, then record it at the county recorder or register of deeds where the property sits and pay the recording fee.
- Keep the recorded original or a certified copy, and notify the homeowner's insurer and, where relevant, the property tax assessor of the change.
The legal description is the deed's Achilles heel
A street address is not a legal description. A deed that misdescribes the parcel can transfer the wrong land, only part of the land, or nothing at all, and fixing it later requires a correction deed signed by the original grantor. Copy the description from the recorded deed exactly, attach it as an exhibit if it is long, and have someone else proofread it against the source.
How the grantee takes title: vesting options explained
When there is more than one grantee, the deed should say how they hold title, because the choice controls what happens at death. Tenants in common each own a share that passes through their own estate. Joint tenants with right of survivorship own the whole together, and a deceased joint tenant's interest passes automatically to the survivors outside probate. About half the states offer tenancy by the entirety for married couples, which adds creditor protection, and community property states have their own forms, some with survivorship.
Vesting also matters for a single grantee. A married person taking title as sole and separate property in a community property state usually needs the spouse to sign a disclaimer deed. A trust takes title in the trustee's name with a reference to the trust instrument, not in the bare name of the trust. Getting vesting wrong does not usually void the deed, but it can force the family into probate that the transfer was designed to avoid, so state the intended form of ownership explicitly rather than relying on the state's default.
Quitclaim deeds in divorce: doing the transfer properly
Divorce is the single most common setting for a quitclaim deed. The settlement agreement or decree awards the house to one spouse, and the other signs a quitclaim releasing their interest. Timing matters: the deed should be signed and recorded promptly after the decree, because an ex-spouse who remains on title can block a later sale or refinance, and their creditors' judgments can attach to the property in the meantime.
The deed solves only half the problem. If both spouses are on the mortgage, the one who signs away the house remains fully liable for the loan, and a missed payment by the ex who kept the home damages both credit reports. The standard fix is a refinance in the keeping spouse's sole name, with the settlement agreement setting a deadline and a fallback (usually a forced sale) if the refinance fails. Some spouses condition the deed's delivery on the refinance closing, which an escrow or the closing attorney can coordinate.
On the tax side, transfers between spouses incident to divorce are generally nonrecognition events for federal income tax, and most counties exempt them from transfer tax with the right declaration. The receiving spouse takes the property with its existing basis, which matters when the home is eventually sold.
Common quitclaim deed mistakes and how to avoid them
- Paraphrasing the legal description or using only the street address, which can invalidate the transfer or convey the wrong parcel
- Forgetting the mortgage: the deed moves title but leaves the loan, and can technically trigger a due-on-sale clause outside the federal family-transfer exemptions
- Failing to record promptly, leaving the grantee exposed to later liens, judgments, or a competing deed from the same grantor
- Skipping the county's transfer tax declaration or exemption form, which recorders in many counties will reject the deed without
- Gifting appreciated property by deed during life instead of at death, handing the grantee the original cost basis and a future capital gains bill
- Ignoring Medicaid consequences: gifting a home within the lookback period, five years in most states, can trigger a penalty period of ineligibility for long-term care coverage
- Not matching the grantor's name to the prior deed, creating a gap in the chain of title that surfaces at the next sale
- Using a quitclaim to buy property from a stranger, with no title search and no insurance
When to involve a professional
A straightforward transfer between family members is a routine self-help task in most counties. Bring in a real estate attorney or title company when the property has a mortgage that will not be refinanced, when the transfer is part of Medicaid or estate planning, when title history is unclear, or when the parties are not on friendly terms. This service provides documents and general information, not legal advice for your specific situation.
Frequently asked questions
Does a quitclaim deed guarantee the grantee owns the property?
No. It transfers only whatever interest the grantor actually holds, with no promises. If a lien or a competing claim exists, the grantee takes subject to it. That is the core difference from a warranty deed.
Does a quitclaim deed remove someone from the mortgage?
No. The deed changes title, not the loan. A person who quitclaims their interest away remains liable on the mortgage until the loan is refinanced or the lender releases them in writing.
Does the deed need to be notarized and recorded?
Notarization of the grantor's signature is required everywhere, and some states add witness requirements. Recording is not what makes the deed valid between the parties, but it is essential to protect the grantee against third parties, so record promptly.
What consideration should a family transfer recite?
A nominal amount such as $10 plus love and affection is customary for gifts. The recited amount can affect transfer tax, so check whether your county exempts gift transfers and what declaration it requires.
Can a quitclaim deed be reversed?
Not unilaterally. Once delivered and accepted, the transfer is done; undoing it requires the grantee to deed the property back voluntarily, or a court order in cases like fraud or lack of capacity.
Will a quitclaim deed trigger a property tax reassessment?
It can. Many states reassess property taxes on a change of ownership, which can raise the annual bill sharply on long-held property. Most states exempt certain transfers, commonly between spouses, into a revocable trust, or in some states from parent to child, but the exemptions usually require filing a specific claim form with the assessor. Check before recording, not after.
Does title insurance survive a quitclaim deed?
Usually not for the new owner. An owner's title policy protects the named insured, and a grantee who takes by quitclaim generally is not covered by the grantor's policy. Some policies extend to a trustee of the insured's own trust, but a child, ex-spouse, or LLC receiving the property typically needs a new policy or an endorsement if they want title protection.
How do I fix a mistake in a recorded quitclaim deed?
With a correction deed (also called a corrective deed), a new deed that re-executes the transfer with the error fixed and a note explaining the correction. Minor typos in some counties can be handled with a recorded affidavit, but errors in the legal description or the parties' names generally require the original grantor to sign again, which is a strong argument for proofreading before recording.
Can a quitclaim deed affect Medicaid eligibility?
Yes. Gifting a home by quitclaim is a transfer for less than fair market value, and Medicaid looks back five years in most states when assessing eligibility for long-term care coverage. A gift inside the lookback window can create a penalty period during which coverage is denied. Anyone who may need nursing home care within a few years should talk to an elder law attorney before deeding property away.
Do I need an attorney to prepare a quitclaim deed?
Not in most states for a routine transfer, and this template plus your county recorder's checklist covers the standard case. A few states effectively require attorney involvement in deed preparation, and complex situations, such as unclear title, an outstanding mortgage that will not be refinanced, or transfers tied to Medicaid or estate planning, justify professional review regardless of state rules.
How much does it cost to record a quitclaim deed?
Recording fees are set by each county and commonly run from about $15 to $100 or more, sometimes with per-page charges. Transfer taxes, where they apply, are separate and based on the consideration recited in the deed; many family and gift transfers qualify for an exemption if the correct declaration is filed with the deed.