What Is a Quitclaim Deed? How It Works

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A quitclaim deed is a legal document that transfers whatever interest a person holds in a piece of real property to someone else, without any promise that the interest is valid or complete. The person signing it (the grantor) gives up any claim they may have. They do not guarantee that they own the property, that no one else has a claim to it, or that the title is free of liens. If the grantor owns nothing, the person receiving the deed (the grantee) receives nothing.

How a quitclaim deed works

A quitclaim deed is usually a short document. It typically contains:

• the legal description of the property (the description used in public land records, not just the street address)
• the name of the grantor transferring the interest
• the name of the grantee receiving it
• the date of the transfer
• the signatures of the parties, acknowledged before a notary

Once signed and notarized, the deed is normally filed with the local recording office, often the county recorder or register of deeds. Recording puts the transfer on the public record, which protects the grantee against later claims from people who did not know about the transfer. Form requirements, filing fees and any transfer taxes are set by state and local law, so costs vary by location. Many people use a state-specific form or have an attorney or title company prepare the deed.

What the grantee actually receives

The deed transfers exactly what the grantor has at the moment of signing, and nothing more. If the grantor holds full ownership, the grantee receives full ownership. If the grantor holds a half interest as a co-owner, the grantee receives that half interest.

This is why the word “quitclaim” fits: the grantor quits, or abandons, any claim. The deed describes a release, not a sale with assurances attached.

Example of a quitclaim deed

Hypothetical example for illustration. Dana and Lee own a house together. In their divorce, they agree Dana will keep the home. Lee signs a quitclaim deed transferring his interest to Dana, and Dana records it with the county. Dana now holds the title alone, and Lee can no longer claim ownership.

The deed does not change the mortgage. If both names are on the loan, Lee remains legally responsible for the debt until the loan is refinanced or the lender releases him. A quitclaim deed affects ownership of the property, not liability for the loan secured by it.

Now consider a different case. A stranger sells Sam a quitclaim deed to a vacant lot for cash. It later turns out the stranger never owned the lot. Sam holds a document that transferred no interest, and because the deed made no promises, he has no warranty claim against the seller.

When quitclaim deeds are used

Because they offer no protection, quitclaim deeds are mostly used where the parties know and trust each other and no money changes hands for the property. Typical situations include:

• transferring property between close family members, such as from a parent to a child
• adding a spouse to the title after marriage
• removing a spouse from the title after a divorce
• clarifying ownership of inherited property among heirs
• moving property into or out of a revocable living trust (see how a trust fund works)
• clarifying an easement or correcting how title is held, such as changing the form of co-ownership

Quitclaim deed vs. warranty deeds

Deeds differ mainly in what the grantor promises about the title. A quitclaim deed promises nothing. Warranty deeds, which are standard in ordinary real estate sales, come in two common forms:

General warranty deed. The grantor guarantees that they own the property free and clear and that no one else has a valid claim to it. The guarantee covers the property’s entire history, including periods before the grantor owned it. If a title defect surfaces, the grantor is liable to the grantee. This offers the buyer the most protection.

Special warranty deed. The grantor guarantees the title only for the period they owned the property. They promise they did not create any defects or claims, but make no promises about earlier owners. Special warranty deeds are common in commercial real estate transactions.

A buyer paying market value for a property generally expects a warranty deed backed by a title search and title insurance. A quitclaim deed is not issued with title insurance, which is one reason it is a poor fit for an arm’s-length purchase.

Limitations of a quitclaim deed

• No title protection. Liens, unpaid taxes, competing ownership claims or errors in earlier records remain the grantee’s problem.
• No effect on mortgage liability. The grantor stays on any loan they signed. The grantee may take the property subject to that loan without becoming responsible for it.
• Fraud exposure. Because the documents are simple, forged or coerced quitclaim deeds are a known tool in property fraud. Monitoring the public record for filings against your property can surface an unauthorized transfer.
• Legal and tax consequences. Giving away an interest in property can affect gift tax reporting, property tax assessments and your net worth. These rules depend on the jurisdiction and the relationship between the parties.

Before accepting a quitclaim deed from anyone outside a trusted circle, a grantee can order a title search to see who holds record title and what claims are attached.

Can a quitclaim deed be reversed?

A recorded quitclaim deed is not simply revoked by the grantor changing their mind. If both parties agree to undo the transfer, the grantee can sign a new quitclaim deed conveying the interest back, which is then recorded. If the deed was signed under fraud, forgery, duress or by someone lacking the legal capacity to sign, the transfer can be challenged in court, and a judge may declare it invalid.

The Bottom Line

Quitclaim deeds suit transfers between people who know and trust each other, such as family members, divorcing spouses, heirs or owners moving property into a living trust. Buyers paying market value should expect a warranty deed backed by a title search and title insurance. Anyone accepting a quitclaim deed from outside a trusted circle can order a title search first to see who holds record title and what claims are attached.