What Is a Quitclaim Deed? A Guide for Buyers & Sellers
A quitclaim deed is the simplest way to transfer a property interest — but it offers no promises. Here is what it does, when it fits, and its risks.
Key takeaways
- Transfers whatever interest the grantor has — or nothing.
- No warranties: no promise of clear title, no comeback if problems appear.
- Common uses: family transfers, divorce settlements, clearing title defects, and trusts.
- Does not remove a mortgage or lien; can trigger a due-on-sale clause.
- Must be notarized and recorded with the county to protect the transfer.
What is a quitclaim deed?
A quitclaim deed transfers a person's interest in real property to someone else, with no promises about that interest. The giver is the grantor; the receiver, the grantee. Often misheard as "quick claim deed," the name is quitclaim: the grantor quits — gives up — any claim they may have.
The key word is "whatever": the deed transfers whatever interest the grantor holds. Full ownership yields full ownership; a half share, a half share; if the grantor owns nothing, the grantee gets nothing — yet the deed can still be valid. That is why they are rare in ordinary sales.
Quitclaim vs. warranty vs. special warranty deeds
Deed types differ not in what changes hands, but in what the grantor promises. A general warranty deed is the strongest buyer protection: the grantor guarantees ownership, clear title, and defense against later challenges. A special warranty deed covers only problems from the grantor's own ownership. A quitclaim deed strips it all away: no ownership guarantee, no clear-title guarantee, no recourse.
| Feature | Quitclaim | Special warranty | General warranty |
|---|---|---|---|
| Ownership guaranteed | No | Grantor's period | Yes |
| Clear title guaranteed | No | Grantor's period | Full history |
| Defends against claims | No | Grantor's period | Yes |
| Grantee's recourse | None | In warranty period | Against grantor |
| Typical use | Family, divorce, trusts | Bank and estate sales | Standard home sales |
In a normal sale, expect a warranty deed — see what a title company does and what a title commitment is.
When is a quitclaim deed commonly used?
Family transfers. The most frequent use: a parent deeding a house to a child, siblings redistributing inherited property, or a grandparent passing along a vacation home.
Divorce settlements. When one spouse keeps the marital home, the other signs a quitclaim deed so the remaining spouse holds sole title. But beware: giving up the title does not give up the mortgage.
Clearing a title defect. A past transfer may leave a loose end — a misspelled name, a missing signature, an unreleased claim. The person involved can sign a quitclaim deed to release it.
Moving property into a trust. Owners often deed a home into a living trust with a quitclaim deed, and deed it back out if the trust ends. See how to avoid probate.
Risks: what a quitclaim deed does not do
It does not clear liens. Liens attach to the property, not the owner, so any mortgage, tax, or judgment lien stays in place. The grantee takes the property subject to every existing lien.
It does not remove you from the mortgage. A deed and a mortgage are separate: the deed transfers ownership; the mortgage is a loan contract between borrower and lender. If your name is on the mortgage and you quitclaim the house away, you owe every dollar. Only a refinance or a lender release gets you off the loan.
It can trigger a due-on-sale clause. Most mortgages let the lender demand full repayment on an ownership change. Federal law bars that for transfers of homes with fewer than five units — to a spouse or children, under a divorce decree, into the borrower's own living trust, and to a relative after death. Other transfers can leave the lender free to call the balance due.
It gives the grantee no comeback. If an unpaid lien surfaces, or a relative emerges with a competing claim, the grantee absorbs the loss. Title insurance is harder to obtain on a quitclaim transfer alone.
How a quitclaim deed works
1. Prepare the deed. It names the grantor and grantee, gives the property's legal description (the formal description from the prior deed, not just the street address) and states any consideration, such as a gift.
2. Sign before a notary. In most states the grantor's signature must be notarized; some states also require witnesses. Check your county recorder's current rules first.
3. Record it with the county. The signed, notarized deed goes to the county recorder or register of deeds where the property sits. Recording puts the transfer in the public record and protects the grantee against later claims. Fees vary by county.
4. Keep the recorded copy. The office mails the original back — store it safely; it is the grantee's proof of ownership.
A worked example (illustrative)
Say a mother gifts her mortgage-free $300,000 home to her daughter. Suppose the recording fee is $25 to $50 — illustrative, not a county quote — plus a $10 notary fee, for $35 to $60 total. The daughter now owns the full $300,000 home — the title was clear.
Now change one fact: a $180,000 mortgage in the mother's name. The deed transfers the title, but the debt stays put — attached to the property and owed by the mother. The daughter owns a $300,000 home subject to a $180,000 lien: $120,000 of equity ($300,000 minus $180,000), while her mother remains liable.
For the cash side, see how much down payment you need for a $300,000 house; for professional help, see what a real estate attorney costs.
When to get help instead
A quitclaim deed is a permanent public document, and mistakes are costly. With a mortgage, a lien, or an unclear title — or a transfer tied to a divorce or estate plan — talk to a real estate attorney first. An attorney can also say whether it is even the right document.
This article is general US guidance only, and deed rules, forms, and recording requirements vary by state — your county recorder's office governs what is valid where your property sits, so confirm the current requirements before signing.