What is a quitclaim deed?
A quitclaim deed is a legal document that transfers whatever ownership interest a person has in a piece of real property to someone else, without promising that the interest is good or that the title is clear. The person giving up the interest is the grantor, and the person receiving it is the grantee.
The defining feature of a quitclaim deed is what it does not do. Unlike a warranty deed, it makes no guarantee that the grantor actually owns the property, that the title is free of liens, or that no one else has a claim. It simply passes along whatever interest the grantor has, which could be full ownership, partial ownership, or nothing at all.
How a quitclaim deed works
A quitclaim deed identifies the grantor, the grantee, and the property by legal description, states that the grantor quitclaims their interest, and is signed by the grantor, usually before a notary. To be effective against later claims, it is then recorded with the county recorder or land records office where the property sits.
Because it offers no warranties, a quitclaim deed is fast and simple, but it shifts the risk to the grantee. If the grantor did not actually own clear title, the grantee has little recourse under the deed itself.
When quitclaim deeds are used
Quitclaim deeds are most useful when the parties already trust each other and are not dealing at arm's length:
- Transfers between family members, such as adding or removing a spouse or gifting property to a child.
- Divorce, where one spouse quitclaims their interest in the marital home to the other.
- Estate planning, such as moving property into a living trust.
- Fixing title problems, like clearing a possible cloud on title or correcting a misspelled name.
They are generally not used for ordinary home sales between strangers, where a buyer wants the protection of a warranty deed.
Quitclaim deed vs. warranty deed
| Quitclaim deed | Warranty deed | |
|---|---|---|
| Title guarantee | None | Grantor guarantees clear title |
| Risk to grantee | High | Low |
| Typical use | Family, divorce, trusts | Arm's-length sales |
| Speed | Fast and simple | More involved |
What a quitclaim deed does not do
A quitclaim deed does not remove the grantor from a mortgage. If the grantor is still on the loan, they remain responsible for it even after quitclaiming the property, unless the lender agrees to a release or the loan is refinanced. It also does not, by itself, prove ownership if the grantor had none to give.
Why a quitclaim deed matters
A quitclaim deed is one of the quickest ways to move an interest in real estate, which makes it valuable among people who trust each other. But that speed comes from the absence of protection, so the grantee should understand exactly what they are and are not receiving. Confirming who is on the mortgage, checking the existing title, and recording the deed properly are the steps that keep a simple transfer from becoming a costly title dispute.
If you need to prepare or review a quitclaim deed, an AI legal assistant can walk you through the required details and explain the risks before you sign. You can also start from a free quitclaim deed template.
Frequently asked questions
Does a quitclaim deed give you ownership?
Only if the grantor actually owned the property. A quitclaim deed transfers whatever interest the grantor has, with no guarantee. If they had full ownership, you receive it. If they had none, you receive nothing.
Does a quitclaim deed remove you from the mortgage?
No. Transferring the property by quitclaim deed does not change who is responsible for the loan. To be removed from the mortgage, the lender must release you or the loan must be refinanced.
When should you use a quitclaim deed instead of a warranty deed?
Use a quitclaim deed for transfers between people who trust each other, such as family gifts, divorce, or moving property into a trust. Use a warranty deed for a sale between strangers, where the buyer needs a guarantee of clear title.