What Is a Quitclaim Deed?
A quitclaim deed transfers whatever ownership interest the signer has in a property, if any, without promising that the title is valid or free of liens. It is commonly used between family members, to add or remove a spouse, in divorces, or to move property into a trust. It is legal and quick, but gives the buyer no protection, does not remove anyone from a mortgage, and must be signed, notarized and recorded.
A quitclaim deed is the simplest way to transfer an interest in real estate, and also the riskiest for the person receiving it.
How it works
The grantor transfers whatever interest they have, without any warranty about the title (Cornell LII). If the grantor owns nothing, the grantee receives nothing.
Quitclaim vs. warranty deed
| Warranty deed | Quitclaim deed | |
|---|---|---|
| Promise that seller owns the property | Yes | No |
| Promise of no undisclosed liens | Yes | No |
| Seller liable if title is defective | Yes (Cornell LII) | No |
| Typical use | Sales to buyers | Transfers between people who know each other |
Common uses
- Adding a spouse to the title, or removing one after divorce
- Transferring property between family members
- Moving property into a living trust or an LLC
- Clearing up a possible interest, such as an ex-partner or heir, to fix a title issue
Important limits
- It does not change the mortgage. Removing someone from the deed does not release them from the loan; the lender must agree.
- It does not remove liens.
- Lenders and title insurers may require more than a quitclaim for a sale or refinance.
- Due-on-sale clauses in a mortgage can be triggered by a transfer, though federal law exempts certain family and trust transfers.
How to do it
- Use a form that meets your state's requirements, with a full legal description of the property.
- The grantor signs before a notary.
- Some states require witnesses or specific language.
- File a transfer tax form if required.
- Record the deed with the county recorder and pay the recording fee.
Taxes
Transfers without payment may be gifts. A gift above the annual exclusion generally requires a gift tax return, though tax is rarely owed because of the lifetime exemption (IRS). Transfers can also affect property tax reassessment in some states and the recipient's tax basis.
Can a quitclaim be undone?
Generally not without the new owner's cooperation, unless it was obtained by fraud, duress or lack of capacity.
A real estate lawyer can prepare and record the deed correctly.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.