Definition
A quitclaim deed is a legal document that transfers whatever ownership interest the grantor has in real property to the grantee, without any warranty that the title is good, marketable, or free of other claims. If the grantor in fact owns the property, the grantee receives that ownership; if the grantor owns little or nothing, the grantee receives little or nothing. Because it includes no covenants of title, a quitclaim deed gives the grantee the least legal protection of any common deed.
Legal Meaning
A deed is the written instrument that transfers an interest in real estate from one party (the grantor) to another (the grantee). Deeds differ chiefly in the promises, called covenants of title, that the grantor makes. A quitclaim deed makes none. It simply "quits" or releases whatever claim the grantor may have, passing that interest along as-is.
By contrast, a warranty deed includes covenants that the grantor holds good title, has the right to convey it, and will defend the grantee against lawful claims by others. A special (or limited) warranty deed warrants only against problems that arose during the grantor's own ownership. Because of these differences, buyers in ordinary arm's-length purchases almost always expect a warranty deed, while quitclaim deeds are reserved for situations involving trust, family, or title cleanup.
A quitclaim deed is still a real and binding transfer. When properly executed, notarized, and recorded under state law, it effectively conveys the grantor's interest. What it does not do is guarantee that the interest is worth anything or that no liens, easements, or competing claims exist. Recording and notarization requirements vary by state, so local rules should always be checked.
Key Points
- A quitclaim deed transfers only the interest the grantor actually owns, with no warranties
- It offers the grantee the least protection of any common type of deed
- A warranty deed, by contrast, guarantees clear title and defends against claims
- Common uses include transfers between spouses, family gifts, and divorce property division
- It is also used to add or remove a name from title or to move property into a trust
- A quitclaim deed does not remove a mortgage or lien attached to the property
- To be effective, it must be properly signed, notarized, and recorded under state law
- Title insurance is rarely available based solely on a quitclaim deed
Real-World Example
After Dana and Chris divorce, their settlement agreement awards the family home to Dana. To remove Chris's name from the title, Chris signs a quitclaim deed transferring "all of his right, title, and interest" in the property to Dana. Because they were co-owners and Chris is simply giving up his share, a quitclaim deed is appropriate and efficient.
Importantly, the quitclaim deed does not affect the mortgage. If both Dana and Chris originally signed the loan, Chris generally remains liable to the lender even after the deed is recorded, unless Dana refinances the loan into her own name alone. This is why divorcing couples often pair a quitclaim deed with a refinance to fully separate their financial responsibilities. For more on dividing assets, see our guide on divorce laws by state.
Quitclaim Deed vs. Warranty Deed
| Feature | Quitclaim Deed | Warranty Deed |
|---|---|---|
| Title Warranties | None | Full guarantees of clear title |
| Grantee Protection | Lowest | Highest |
| What Transfers | Only the grantor's actual interest | Full ownership with assurances |
| Typical Use | Family, spouses, divorce, trusts, title cleanup | Standard sales to buyers |
| Defense of Title | Grantor has no duty to defend | Grantor must defend against claims |
| Title Insurance | Rarely issued on this basis alone | Commonly available |
| Money Changing Hands | Often a gift or no consideration | Usually a purchase for value |
When a Quitclaim Deed Is Commonly Used
Because it provides no warranties, the quitclaim deed fits situations where the parties trust one another or where the goal is simply to clear up or rearrange ownership:
Family and Marital Transfers
- Between spouses: Adding a new spouse to a title or transferring property as part of marital planning
- Divorce: Transferring one spouse's interest to the other under a settlement
- Gifts to relatives: Passing property to children or other family members without a sale
Estate Planning and Title Cleanup
- Funding a trust: Moving real estate into a living trust for estate-planning purposes
- Clearing clouds on title: Having a person with a possible claim release it to confirm the chain of title
- Correcting errors: Fixing a misspelled name or other defect in a prior deed
For estate-related transfers, you may also want to review related concepts such as a living trust and probate.
Related Terms
Transferring Property With a Deed?
A real estate attorney can prepare the right type of deed for your situation and make sure the transfer is valid and properly recorded.
Explore Real Estate LawWhen You Need a Lawyer
Although quitclaim deed forms look simple, using the wrong deed or making a mistake can have lasting consequences for ownership and taxes. Consider consulting an attorney if you:
- Are transferring property as part of a divorce, marriage, or family arrangement
- Want to move real estate into a trust or other estate-planning vehicle
- Are being asked to accept a quitclaim deed in a transaction where money is involved
- Need to clear a cloud on title or correct an error in a prior deed
- Are concerned about how the transfer affects an existing mortgage, liens, or taxes
An attorney can confirm that a quitclaim deed is the right tool, draft it correctly, and address related issues such as mortgage liability, gift and transfer taxes, and recording requirements. To learn what such services usually cost, see our guide on understanding legal fees.
Frequently Asked Questions
What is a quitclaim deed?
A quitclaim deed is a legal document that transfers whatever ownership interest the grantor has in a piece of real property to the grantee, without making any promises about the title. If the grantor owns the property outright, the grantee receives full ownership; if the grantor owns nothing, the grantee receives nothing. Because it includes no warranties, a quitclaim deed offers the grantee the least protection of any deed.
What is the difference between a quitclaim deed and a warranty deed?
A warranty deed includes promises (covenants) that the grantor holds clear title and will defend the grantee against title claims, giving the buyer strong protection. A quitclaim deed makes no such promises; it transfers only whatever interest the grantor happens to have. Warranty deeds are standard in arm's-length sales, while quitclaim deeds are common among family members or to clear up title issues.
When should you use a quitclaim deed?
Quitclaim deeds are typically used in situations where the parties trust each other or where no money changes hands, such as transferring property between spouses, adding or removing a name from a title after marriage or divorce, gifting property to a relative, moving property into a trust, or clearing a possible cloud on title. They are generally not appropriate for a normal sale to a stranger.
Does a quitclaim deed remove a mortgage or lien?
No. A quitclaim deed only transfers the grantor's ownership interest; it does not erase a mortgage, lien, or other debt attached to the property. If there is a mortgage, the person who signed the loan generally remains responsible for it even after signing a quitclaim deed, and liens stay with the property. Removing a mortgage usually requires paying it off or refinancing.
Is a quitclaim deed legally binding?
Yes. When properly signed, notarized, and recorded according to state law, a quitclaim deed is a legally binding transfer of whatever interest the grantor owns. It is fully effective to convey that interest, even though it provides no warranties about the quality of the title being transferred.