Quitclaim Deed

What it is

A quitclaim deed is a legal document that transfers whatever interest a person (the grantor) may have in a property to another party (the grantee) without making any warranties about the validity or extent of that interest. The grantor simply relinquishes any claim they might have; if they had no ownership rights, the grantee receives nothing.

Key points

• Transfers interest in property without guaranteeing title or ownership.
• Commonly used for non-sale transfers (family transfers, trust transfers, divorce-related changes).
• Title insurance is generally not issued with quitclaim deeds, so grantees assume greater risk.
• Can be revoked by mutual agreement or challenged in court if obtained by fraud.

How it works

A quitclaim deed typically includes:
* A legal description of the property
* Names of the grantor and grantee
* A statement of transfer (the quitclaim language)
* Date and notarized signatures

After signing and notarization, the deed is usually recorded at the county recorder’s office to make the transfer part of the public record.

Common uses

Quitclaim deeds are most appropriate when the parties know and trust one another or when clarity—rather than a guarantee of clear title—is the goal:
* Transfers between family members (parent to child)
* Adding or removing a spouse from title after marriage or divorce
* Moving property into or out of a revocable living trust
* Clearing up ambiguous or disputed title interests
* Clarifying or transferring easement or tenancy interests

Risks and considerations

• No warranties: A quitclaim deed does not protect the grantee against existing liens, encumbrances, or competing claims.
• Title insurance: Standard title insurance is not typically issued with a quitclaim transfer; obtaining a title search and insurance may be advisable if you need protection.
• Due diligence: Grantees should verify ownership and check for liens, mortgages, or other encumbrances before accepting a quitclaim deed.
• Potential for disputes: Transfers made under duress, fraud, or mistake can be contested in court.
• Professional advice: Consider consulting an attorney or title company when the transfer involves any ambiguity, significant value, or third-party lenders.

Quitclaim vs. warranty deeds

Quitclaim deed: Releases any interest the grantor may have without guarantees.
General warranty deed: Provides the highest protection; the grantor guarantees clear title against all claims, including those predating their ownership.
Special warranty deed: Guarantees title only against claims arising during the grantor’s period of ownership.

Warranty deeds are the standard choice for arms-length property sales because they provide buyer protections that a quitclaim deed does not.

Cancelling or reversing a quitclaim deed

A quitclaim deed can be voided or reversed if:
* Both parties agree to cancel and execute a new instrument documenting the reversal.
* A court finds the deed was obtained through fraud, duress, undue influence, or mistake.

Bottom line

A quitclaim deed is a fast, simple way to transfer whatever interest a person may have in a property, but it provides no assurances about title quality. Use it mainly for trusted, non-sale situations or to correct/clarify ownership. When protection against title defects is important, pursue a warranty deed, a title search, or title insurance, and consult a legal or title professional.