What Is a Quitclaim Deed? How It Works and When to Use One
A quitclaim deed transfers whatever interest a person has in a piece of property to someone else — with no promise that the title is clear. It is the fastest, simplest deed, which is exactly why it is right for some situations and dangerous for others.
This guide explains what a quitclaim deed does, how it differs from a warranty deed, the moments it is genuinely the right tool, and the fields you must get right for it to hold up when you record it.
What a quitclaim deed actually does
A quitclaim deed conveys the grantor's interest in a property — if any — to the grantee. Crucially, it makes no warranty that the grantor even owns the property or that the title is free of liens. The grantee takes whatever the grantor had, and nothing more.
That lack of warranty is the whole point. It makes the deed quick and cheap for transfers between people who already trust each other and know the title's history.
Quitclaim vs warranty deed
A warranty deed guarantees clear title and promises to defend it against any claims — the standard for an arm's-length sale to a stranger. A quitclaim deed makes no such promise, so a buyer paying market price should almost never accept one.
Use the right instrument for the relationship: warranty deeds for sales, quitclaim deeds for trusted, often no-money transfers.
When to use a quitclaim deed
Quitclaim deeds shine in low-risk, high-trust transfers:
- Adding or removing a spouse from title after marriage or divorce.
- Transferring property into your own living trust or LLC.
- Gifting property to a family member.
- Clearing up a clouded title or a name change between known parties.
How to fill out and record it
A valid quitclaim deed names the grantor and grantee, states the consideration (even if nominal), gives the full legal description of the property (copy it exactly from the current deed — not just the street address), and is signed by the grantor before a notary.
Recording is the step people forget: file the signed, notarized deed with the county recorder's office where the property sits. Until it is recorded, the transfer may not be effective against third parties.
Frequently asked questions
Does a quitclaim deed remove someone from a mortgage?
No. A quitclaim deed only changes who is on the title, not who owes the loan. The person removed from title can still be liable on the mortgage unless the lender refinances or releases them.
Is a quitclaim deed safe for buying a home?
Rarely. Because it offers no title guarantee, a buyer paying market value should use a warranty deed. Quitclaim deeds are best for trusted, usually no-sale transfers.
Do I need a lawyer for a quitclaim deed?
Many simple transfers between family members are handled without one, but you must record it correctly and use the exact legal description. For complex titles or large sums, consult a real-estate attorney.
How do I create a quitclaim deed?
Use PaperKit's free Property Deed Maker to generate a quitclaim, warranty, or grant deed with the correct fields, then have it notarized and recorded with your county.