A quitclaim deed transfers whatever interest the signer has in real estate to someone else, with no promises about that interest. It is commonly used among family members and to add or remove a name from a title.
How it differs from other deeds
A warranty deed promises that the seller owns the property free of problems. A quitclaim deed makes no such promise, so the recipient has little recourse if the title turns out to be flawed. That is why quitclaim deeds are usually used between people who trust each other and rarely for ordinary sales.
Common uses
- Adding or removing a spouse after marriage or divorce.
- Transferring property between family members.
- Moving property into a trust.
- Clearing up a title question.
What to know before using one
- It does not remove a mortgage. A lender may have rights if ownership changes, and the original borrower stays responsible for the debt.
- It can affect property taxes, gift tax filings and eligibility for public benefits.
- It generally must meet your state's signing, witness or notary rules and be recorded with the county.
- It can have consequences for title insurance.
When to get a lawyer
Because transfers of real estate are hard to undo and can have tax and legal consequences, speak with a real estate attorney or title company before signing, especially if there is a mortgage, a divorce or a large property value.
Frequently asked questions
Do I have to record it?
Recording with the county gives public notice and protects the new owner, and it is normally expected.
Can a quitclaim deed be undone?
Only with another deed or in limited legal situations, so treat it as final.