What Is a Quitclaim Deed and How Does It Work?

A quitclaim deed is a legal document that transfers one person's ownership interest in real property to another person without making any guarantees about the quality of that ownership. Unlike a warranty deed, which guarantees the property title is free of liens, claims, and encumbrances, a quitclaim deed provides no warranty of clear title — the grantor simply transfers whatever interest they have (if any) to the grantee. This makes quitclaim deeds the fastest and simplest tool for property transfer between people who already trust each other, but a risky choice when buying property from a stranger.

This guide explains how quitclaim deeds work, when to use one, how they differ from warranty deeds, and the exact steps to file a quitclaim deed with your county recorder. If you need to create one now, Legal Tank offers a free quitclaim deed template and a guided quitclaim deed generator that formats the document to your state's requirements.

What Is a Quitclaim Deed?

A quitclaim deed is a type of property deed that transfers the grantor's interest in a property to the grantee without any warranties or guarantees about the title's validity. The grantor transfers interest in property via quitclaim deed by signing the document and having it recorded — but makes no promises that the title is clean, that there are no outstanding liens, or even that the grantor actually owns the property.

This "no warranty" characteristic is the defining feature of a quitclaim deed. When a grantor signs a warranty deed, they are legally guaranteeing that they own the property, that no one else has a claim to it, and that they will defend the grantee against any future title challenges. When a grantor signs a quitclaim deed, they are saying: "I transfer whatever interest I may have in this property to you — but I make no promises about what that interest is or whether I actually own anything."

Despite this limited protection, quitclaim deeds serve critical functions in several common situations:

• Divorce property settlements: When one spouse transfers their share of the marital home to the other spouse as part of a divorce property division, a quitclaim deed is the standard instrument because both parties already know the property's title history.
• Transfers between family members: Parents transferring property to children, siblings dividing inherited property, or family members adding or removing names from a title commonly use quitclaim deeds.
• Transferring property into a trust: When you set up a living trust, you use a quitclaim deed (or in some states, an interspousal transfer deed) to transfer your real property from your individual name into the name of the trust.
• Clearing title defects: If a title search reveals a potential claim from a former owner, ex-spouse, or heir, a quitclaim deed from that person eliminates the cloud on the title.
• Adding or removing a spouse from the title: After marriage or as part of estate planning, spouses frequently use quitclaim deeds to add each other to or remove each other from property titles.

What Is the Difference Between a Quitclaim Deed and a Warranty Deed?

A warranty deed guarantees title free of encumbrances, while a quitclaim deed provides no warranty of clear title. This fundamental difference determines when each type of deed should be used and the level of risk the grantee assumes.

Warranty Deed

A warranty deed — also called a general warranty deed — is the gold standard for real estate transactions between unrelated parties. The grantor makes six legal covenants (promises) to the grantee:

• Covenant of seisin: The grantor owns the property and has the right to sell it.
• Covenant of right to convey: The grantor has the legal authority to transfer the property.
• Covenant against encumbrances: No undisclosed liens, easements, or restrictions exist on the property.
• Covenant of quiet enjoyment: The grantee's ownership will not be disturbed by third-party claims.
• Covenant of warranty: The grantor will defend the grantee against any future title challenges.
• Covenant of further assurances: The grantor will take any additional steps needed to perfect the grantee's title.

If any of these covenants are breached — for example, an undisclosed lien surfaces after the sale — the grantee can sue the grantor for damages. This protection makes warranty deeds essential for arm's-length real estate purchases between strangers.

Special Warranty Deed

A special warranty deed falls between a quitclaim deed and a general warranty deed. The grantor warrants only that no title defects arose during the grantor's period of ownership — they do not guarantee against defects that existed before they acquired the property. Special warranty deeds are commonly used in commercial real estate transactions, foreclosure sales, and bank-owned property sales.

Quitclaim Deed

A quitclaim deed offers zero covenants. The grantor makes no promises about ownership, liens, encumbrances, or title quality. The grantee receives whatever interest the grantor has — which could be full ownership, partial ownership, or nothing at all. The grantee has no legal recourse against the grantor if title problems emerge later.

Because of this risk disparity, title insurance companies typically will not issue a policy based solely on a quitclaim deed from an unrelated party. Mortgage lenders also refuse to accept quitclaim deeds as proof of ownership in purchase transactions — they require warranty deeds. However, for transfers between known parties (family, spouses, trusts), where the title history is already established, the simplicity and low cost of a quitclaim deed make it the practical choice.

How Do I Transfer Property With a Quitclaim Deed?

Transferring property with a quitclaim deed requires five steps. The process is straightforward but must be completed correctly to ensure the transfer is legally valid and properly recorded.

Step 1: Obtain the Current Property Information

Gather the property's legal description (not just the street address) from the current deed, tax records, or county assessor's office. The legal description identifies the property by metes and bounds, lot and block number, or section/township/range — this is the description that appears in public records and must be reproduced exactly on the quitclaim deed. Also obtain the assessor's parcel number (APN) and confirm the current owner(s) of record through a title search or the county recorder's online database.

Step 2: Prepare the Quitclaim Deed

The quitclaim deed must include: the grantor's full legal name (exactly as it appears on the current deed), the grantee's full legal name, the property's complete legal description, the APN, a statement that the grantor "quits" or "releases" all interest in the property to the grantee, the consideration (the amount paid, or "love and affection" for gift transfers), and the date. Use Legal Tank's quitclaim deed generator to create a properly formatted deed that meets your state's requirements.

Step 3: Sign Before a Notary Public

Notarization is required in every state for a deed to be recorded. The grantor must sign the quitclaim deed in the presence of a commissioned notary public, who verifies the grantor's identity through government-issued photo identification and confirms the grantor is signing voluntarily. Some states also require one or two witnesses in addition to the notary. The grantee's signature is typically not required on a quitclaim deed — only the grantor signs because they are the one transferring the interest.

Step 4: File a Preliminary Change of Ownership Report

In some states — notably California — the grantee must file a Preliminary Change of Ownership Report (PCOR) with the county recorder at the time of recording. This form notifies the county assessor of the transfer for property tax reassessment purposes. Some transfers between spouses, parents and children, or into trusts may qualify for exclusion from reassessment under state-specific rules. Failing to file the PCOR can result in penalties and delays in recording.

Step 5: Record the Deed with the County Recorder

The county recorder records the quitclaim deed in public records by submitting the signed, notarized deed along with the recording fee (typically $10 to $75 depending on the county) and any required supplemental forms. Recording establishes the grantee's ownership in the public record and provides constructive notice to the world that the property has been transferred. An unrecorded deed is still valid between the grantor and grantee, but it does not protect the grantee against subsequent buyers or lien holders who rely on the public record.

Does a Quitclaim Deed Need to Be Recorded?

A quitclaim deed does not need to be recorded to be legally valid between the grantor and grantee, but it must be recorded to protect the grantee's ownership rights against third parties. The county recorder records quitclaim deed in public records to establish priority and provide legal notice.

Recording serves three critical functions:

• Establishes priority: Under the recording statutes in every state, the first person to record a deed generally has superior title rights. If a grantor transfers the same property to two different people (which is fraudulent but does happen), the person who records first typically prevails.
• Provides constructive notice: Once recorded, the deed is part of the public record. All subsequent buyers, lenders, and lien holders are deemed to have notice of the transfer — even if they never actually search the records.
• Completes the chain of title: Title companies and lenders rely on the chain of title — the sequence of recorded deeds showing every transfer of ownership. An unrecorded deed creates a gap in the chain, which can prevent the grantee from selling the property, refinancing, or obtaining title insurance in the future.

Record the deed promptly after signing. There is no legal deadline in most states, but delays create risk. If the grantor incurs a judgment lien, tax lien, or files for bankruptcy after signing but before the deed is recorded, those claims may attach to the property and take priority over the unrecorded transfer.

Recording fees vary by county but typically range from $10 to $75 for the first page and $3 to $5 for each additional page. Some counties also impose a transfer tax — a tax based on the property's sale price or assessed value. Transfer tax rates range from $0.55 per $500 of value (common in many counties) to significantly higher rates in major metropolitan areas. Transfers between spouses and certain interfamily transfers are exempt from transfer tax in many jurisdictions.

Can a Quitclaim Deed Be Reversed?

A properly executed and recorded quitclaim deed is extremely difficult to reverse. Once the grantor signs the deed and the grantee records it, the transfer is legally complete. However, there are limited circumstances under which a court may void a quitclaim deed.

Grounds for reversing a quitclaim deed:

• Fraud: If the grantor was deceived about what they were signing, the nature of the document, or the terms of the transfer, a court can void the deed based on fraud.
• Undue influence: If the grantee used a position of trust or power — such as a caregiver's influence over an elderly property owner — to coerce the transfer, the deed may be voidable.
• Lack of mental capacity: If the grantor lacked the mental capacity to understand the nature and consequences of signing the deed (due to dementia, medication effects, or other cognitive impairment), the deed is voidable.
• Duress: If the grantor signed the deed under threat or coercion, a court will void the transfer.
• Forgery: A forged deed is void — not just voidable — meaning it has no legal effect whatsoever, even if it has been recorded.
• Mutual mistake: If both parties made a factual error about the property — such as the wrong legal description or the wrong parcel — a court can reform or void the deed.

Reversing a quitclaim deed requires filing a lawsuit — typically a quiet title action — in the county where the property is located. The person challenging the deed bears the burden of proving one of the grounds above by clear and convincing evidence. This is a higher standard than the "preponderance of the evidence" standard used in most civil cases, reflecting the law's strong preference for honoring completed property transfers.

If both parties agree that the transfer should be undone, the simplest solution is for the current owner (the original grantee) to execute a new quitclaim deed transferring the property back to the original grantor. This avoids litigation entirely and requires only a new deed, notarization, and recording — the same process as the original transfer. For situations involving estate planning reversals, our guide on wills vs. trusts explains how property titled in trusts can be managed differently than property transferred outright.

Does a Quitclaim Deed Affect the Mortgage?

A quitclaim deed does not affect existing mortgage obligations. Transferring property via quitclaim deed changes who owns the property but does not change who owes the mortgage debt. This distinction catches many people off guard and can create serious financial consequences if not addressed properly.

Here is how the separation works:

The deed determines ownership — who holds title to the property. The mortgage (or deed of trust) determines liability — who is legally obligated to repay the loan. These are two separate legal instruments, and changing one does not automatically change the other.

Example: If you and your spouse co-own a home and you quitclaim your interest to your spouse during a divorce, your spouse now owns the property alone. But if both of your names are on the mortgage, you are still legally responsible for the loan payments. If your spouse stops paying, the lender will pursue you for the debt, report the missed payments on your credit, and eventually foreclose — even though you no longer own the property. A quitclaim deed does not affect existing mortgage obligations in any way.

To remove yourself from mortgage liability, the remaining owner must refinance the mortgage in their name alone. This requires qualifying for a new loan based on their individual income and credit — which is not always possible. Until the refinance is complete, the original borrower remains fully liable for the loan.

Due-on-Sale Clauses

Most mortgages contain a due-on-sale clause — a provision that allows the lender to demand immediate full repayment of the loan if the property is transferred without the lender's consent. However, federal law (the Garn-St. Germain Act) provides important exceptions. Transfers to a spouse, transfers resulting from divorce, transfers to a living trust where the borrower is a beneficiary, and transfers to a child upon the borrower's death are all exempt from due-on-sale enforcement. This means most common quitclaim deed transfers between family members will not trigger the due-on-sale clause.

For other types of transfers — such as gifting property to a non-family member or transferring property to a business entity — the lender technically has the right to call the loan. In practice, lenders rarely exercise this right as long as the mortgage payments continue on time, but the risk exists.

If you are transferring property as part of estate planning, consider reading our guide on what probate is and how it works to understand how property transfers interact with the probate process. For landlords who own rental properties and are considering transferring them, understanding lease agreement obligations ensures you account for existing tenant rights during the transfer.

Frequently Asked Questions About Quitclaim Deeds

Does a Quitclaim Deed Transfer Ownership?

A quitclaim deed transfers whatever ownership interest the grantor has in the property — but it does not guarantee the grantor actually owns anything. If the grantor holds full title, the quitclaim deed transfers full ownership to the grantee. If the grantor holds a 50% interest, only that 50% transfers. If the grantor has no ownership interest at all, the quitclaim deed transfers nothing — and the grantee has no legal recourse against the grantor because the deed included no warranties. This is why quitclaim deeds are appropriate only when the grantee already knows the grantor's ownership status — such as transfers between spouses, family members, or into a trust.

How Much Does It Cost to File a Quitclaim Deed?

The total cost to file a quitclaim deed typically ranges from $50 to $250. This includes the deed preparation cost ($0 if using a free quitclaim deed template or $25 to $100 for a document preparation service), notary fees ($5 to $25 per signature), recording fees ($10 to $75 depending on the county and number of pages), and transfer tax (varies by jurisdiction — some counties charge a flat rate, others a percentage of the property value, and many exempt interfamily and divorce-related transfers). Attorney fees, if you choose to have a lawyer prepare or review the deed, add $150 to $500.

Do I Need a Lawyer for a Quitclaim Deed?

You do not legally need a lawyer to prepare, sign, or file a quitclaim deed. The document is relatively simple and can be created using a template or guided generator. However, consulting an attorney is recommended when the transfer involves tax implications (such as gift tax exposure for transfers exceeding the annual gift tax exclusion), when the property has an existing mortgage and you need to understand due-on-sale risks, when the transfer is part of a divorce settlement and must comply with a court order, or when the property is located in a state that has unique deed requirements. For straightforward transfers between family members or into a trust, Legal Tank's quitclaim deed generator produces a state-compliant document without attorney involvement.

Can a Quitclaim Deed Be Used to Remove Someone From a Title?

Yes, a quitclaim deed is the standard method for removing a person from a property title. The person being removed (the grantor) signs a quitclaim deed transferring their interest to the person(s) remaining on the title (the grantee). Common scenarios include removing an ex-spouse from the title after a divorce, removing a deceased co-owner's estate from the title (the executor or administrator signs), and removing a parent's name after they transfer the property to a child. The quitclaim deed must be notarized and recorded with the county recorder to update the public record. Once recorded, the grantor has no further ownership claim to the property. For removing a deceased person from a title, the process may also involve probate proceedings depending on how the property was titled and whether a will or trust directs the transfer.