Quitclaim Deed Form Template, Free Download 2026

By Jessica Henwick, Editor-in-ChiefLegally reviewed by David Chen, Esq.
Notarization Required

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When Do You Need a Quitclaim Deed?

You are transferring real property between family members, such as a parent deeding a home to an adult child or siblings dividing inherited property, and need a quitclaim deed form (also spelled quit claim deed form) because a full title search and warranty protections are unnecessary when the parties trust each other and are familiar with the property's title history.

A divorce settlement requires one spouse to transfer their interest in the marital home to the other spouse, and the property transfer form needs to be completed quickly as part of the court-approved property division.

A property owner is transferring real estate into a revocable living trust for estate-planning purposes, moving the property from individual ownership to trust ownership while maintaining practical control as the trustee.

You need to clear a cloud on title by having a former owner, ex-spouse, or other person with a potential claim to the property release whatever interest they may have, even if that interest is uncertain or disputed.

A newly formed LLC or business entity needs to receive real property from its owner as a capital contribution, and a quitclaim deed is the simplest vehicle for transferring the property from individual ownership to entity ownership.

You are adding or removing a name from a property deed, such as adding a new spouse to the title after marriage or removing a deceased co-owner's name, and the transfer does not involve a sale or financing that would require title insurance and warranty protections. A promissory note template is not involved because no consideration is being exchanged.

๐Ÿ“– Key Exemption: Transferring property into a revocable living trust via quitclaim deed generally does not trigger a due-on-sale clause in your mortgage, thanks to the Garn-St. Germain Act (12 U.S.C. § 1701j-3), which exempts transfers to inter vivos trusts where the borrower remains a beneficiary.

๐Ÿ“‹ Drafting Note: Unlike a warranty deed, a quitclaim deed provides zero warranty about the quality of title. If undisclosed liens, encumbrances, or competing ownership claims surface after recording, the grantee has no legal recourse against the grantor. For any transfer involving significant property value, run a title search through the county recorder's office or order a preliminary title report before accepting a quitclaim.

What Should a Quitclaim Deed Include?

Grantor and Grantee Identification

The deed must identify the grantor (the person transferring the interest) and the grantee (the person receiving the interest) by full legal name exactly as they appear on existing property records and government identification. Include current mailing addresses for both parties. If either party is a trust or business entity, use the entity's full legal name and identify the authorized signatory by name and title.

Legal Description of the Property

Include the full legal description of the property as it appears in the county land records, typically a metes-and-bounds description, lot-and-block reference from a recorded plat, or government survey description. The street address alone is not a sufficient legal description for recording purposes. Obtain the legal description from the current deed, title insurance policy, or county assessor's records. An inaccurate or incomplete legal description can render the deed ineffective.

Consideration Statement

State the consideration (value exchanged) for the transfer. For gift transfers and family conveyances, the consideration is typically stated as "love and affection" or "ten dollars and other good and valuable consideration." For transfers involving actual payment, state the purchase price. The consideration amount may affect transfer tax calculations in states that impose real estate transfer taxes based on the stated consideration.

Quitclaim Language

The operative granting clause must use quitclaim-specific language such as "remise, release, and quitclaim" or "convey and quitclaim" rather than warranty language like "grant, bargain, and sell." This language makes clear that the grantor is transferring only whatever interest they may have in the property without making any guarantees about the quality or extent of that interest. The grantee receives whatever the grantor owns, which could range from full ownership to nothing at all.

Vesting Information

Specify how the grantee will hold title to the property. Common vesting options include sole ownership, joint tenancy with right of survivorship, tenancy in common, tenancy by the entirety (for married couples in states that recognize this form), and community property (in community property states). The vesting choice has significant implications for inheritance, creditor protection, and future transfer rights.

Notarization and Recording Information

All quitclaim deeds must be signed by the grantor and notarized to be accepted for recording. Include the notary acknowledgment block with the required statutory language for your state. After execution, the deed must be recorded in the county recorder's office where the property is located. Recording provides constructive notice of the ownership change and establishes priority against subsequent claims. Include the recording information block required by your county, which typically includes the document title, recording party's name and address, and tax parcel number.

Legal Details: Key Clauses in a Quitclaim Deed

Grantor and Grantee
1.1

This Quitclaim Deed (the "Deed") is made and executed as of [____________] by [____________], [an individual / a married individual / an unmarried individual / a [type of entity] organized under the laws of the State of [____________]], whose address is [____________] (the "Grantor"), in favor of [____________], [an individual / a married individual / an unmarried individual / a [type of entity] organized under the laws of the State of [____________]], whose address is [____________] (the "Grantee").

1.2

Where the context requires, the singular shall include the plural and the masculine shall include the feminine and neuter. If there is more than one Grantor, each Grantor's obligations hereunder shall be joint and several. If there is more than one Grantee, title shall vest in the Grantees as [tenants in common / joint tenants with right of survivorship / tenants by the entirety / community property / community property with right of survivorship], as indicated herein. The manner of holding title shall be as specified by Grantee and shall comply with applicable state law.

Property Description
2.1

The real property that is the subject of this Deed is located in the County of [____________], State of [____________], and is more particularly described as follows: [____________] (the "Property"). The Property is also known by the street address of [____________] and is identified as Tax Parcel Number [____________] in the records of the [____________] County Assessor. The legal description set forth herein shall control in the event of any discrepancy with the street address or tax parcel number.

2.2

The conveyance of the Property includes all of Grantor's right, title, and interest, if any, in and to all buildings, structures, improvements, and fixtures located on the Property; all easements, rights-of-way, and appurtenances benefiting or pertaining to the Property; all mineral rights, water rights, timber rights, air rights, and development rights appurtenant to the Property, to the extent owned by Grantor; and all strips and gores, streets, alleys, and rights of access adjacent to the Property, to the extent of Grantor's interest therein.

Conveyance
3.1

For and in consideration of the sum set forth in Article 4 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby remise, release, and forever quitclaim unto Grantee, and Grantee's heirs, successors, and assigns, all of Grantor's right, title, interest, claim, and demand, both at law and in equity, in and to the Property, together with all appurtenances thereunto belonging, to have and to hold the same forever.

3.2

This Deed conveys only such right, title, and interest as Grantor may have in the Property as of the date of execution of this Deed. Grantor does not warrant or represent that Grantor has any particular estate or interest in the Property, and this Deed does not purport to convey any greater interest than Grantor actually possesses. Grantee accepts the conveyance of the Property subject to all existing easements, restrictions, reservations, covenants, conditions, mineral reservations, rights-of-way, encumbrances, liens, and matters of record affecting the Property.

Consideration
4.1

The consideration for this conveyance is [$__________ / the natural love and affection between the parties / the settlement and division of marital property pursuant to the [Divorce Decree / Marital Settlement Agreement] entered in [Court Name], Case No. [____________] / other valuable consideration as described: ____________]. The stated consideration is provided for the purpose of satisfying the requirements of applicable state recording statutes and transfer tax provisions and does not necessarily represent the full value of the Property.

No Warranties of Title
5.1

THIS DEED IS A QUITCLAIM DEED ONLY. GRANTOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, REGARDING THE TITLE TO THE PROPERTY, THE CONDITION OF THE PROPERTY, THE EXISTENCE OR ABSENCE OF LIENS OR ENCUMBRANCES, OR ANY OTHER MATTER RELATING TO THE PROPERTY. Grantor does not warrant that Grantor has good or marketable title to the Property, that the Property is free from encumbrances, or that Grantor will defend the title against claims of third parties.

5.2

Grantee acknowledges that a quitclaim deed provides no warranties of title and affords Grantee no recourse against Grantor if the title to the Property is defective, encumbered, or nonexistent. Grantee is advised to obtain a title search, title insurance, and legal counsel prior to accepting this Deed. Grantee accepts this Deed and the Property "as-is, where-is" with all faults, and assumes all risks associated with the condition of the title and the physical condition of the Property.

Tax Obligations
6.1

Grantor represents that all real property taxes, special assessments, and governmental charges against the Property for all fiscal years through and including the fiscal year ending [____________] have been paid in full, or if not paid, shall be prorated between Grantor and Grantee as of the date of this Deed. Grantee shall be responsible for all real property taxes, assessments, and charges accruing from and after the date of this Deed. The Parties shall comply with all applicable transfer tax, documentary stamp tax, and recording fee requirements imposed by the state, county, or municipality in which the Property is located.

6.2

If this conveyance triggers a reassessment of the Property for tax purposes under applicable state law, Grantee shall be solely responsible for any resulting increase in real property taxes. Grantor and Grantee shall each be responsible for their own income tax obligations arising from this transaction, including any capital gains taxes, and each Party is advised to consult with a qualified tax professional regarding the tax consequences of this conveyance. Any required real estate transfer tax return or affidavit shall be filed concurrently with the recording of this Deed.

Recording
7.1

This Deed shall be recorded in the Official Records of [____________] County, State of [____________], at Grantee's expense, promptly following execution and delivery. All recording fees, documentary stamp taxes, transfer taxes, and other charges imposed by law in connection with the recording of this Deed shall be paid by [Grantor / Grantee]. Grantee is responsible for ensuring that this Deed is recorded in a timely manner and acknowledges that failure to record may affect Grantee's priority of title as against subsequent purchasers, mortgagees, or judgment creditors.

Execution
8.1

Grantor has executed this Deed as of the date first written above. This Deed has been acknowledged before a notary public or other officer authorized to take acknowledgments in the State of [____________]. Grantor represents that Grantor has the legal capacity and authority to execute and deliver this Deed. If Grantor is an entity, the individual executing this Deed on behalf of Grantor represents that such individual has been duly authorized to do so by all necessary corporate, partnership, or membership action.

8.2

This Deed shall be effective upon delivery to and acceptance by Grantee. Delivery shall be deemed to have occurred upon recording of this Deed in the official records or upon physical delivery to Grantee, whichever occurs first. The notarial acknowledgment attached hereto is an integral part of this Deed and is required for recording purposes. If required by applicable state law, witnesses have signed this Deed in the presence of Grantor and the notary public. This Deed may not be revoked or rescinded by Grantor after delivery and acceptance.

Governing Law
9.1

This Deed shall be governed by and construed in accordance with the laws of the State of [____________], including all applicable statutes governing the conveyance of real property by quitclaim deed. Any dispute arising out of or relating to this Deed shall be resolved in the state or federal courts of competent jurisdiction located in the county in which the Property is situated. If any provision of this Deed is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the conveyance effectuated hereby shall not be impaired.

9.2

This Deed constitutes the entire agreement of the Parties with respect to the conveyance of the Property and supersedes all prior negotiations, representations, and agreements, whether written or oral, relating to the conveyance of the Property. No amendment, modification, or supplement to this Deed shall be valid or binding unless executed with the same formalities as this Deed. All terms and provisions of this Deed shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, and assigns.

Signature Requirements

Notarization Required

Quitclaim deeds require notarization for recording in all states. Some states accept e-signatures with remote online notarization (RON).

Notarization Required

Must be notarized for county recording. Some states require witnesses. Check your county recorder requirements.

Related Real Estate Templates

A quitclaim deed is often used alongside other real estate documents. Depending on your situation, you may also need:

How to Fill Out a Quitclaim Deed

1

Identify the Grantor and Grantee

Enter the grantor's full legal name exactly as it appears on the current deed to the property. Then enter the grantee's full legal name as they want it to appear on the new deed. Include mailing addresses for both parties. For trust transfers, use the format "John Smith, Trustee of the John Smith Revocable Living Trust dated [date]."

2

Enter the Legal Property Description

Copy the complete legal description from the existing deed or title insurance policy word for word, including all lot numbers, block numbers, subdivision names, metes-and-bounds descriptions, and recording references. Include the tax parcel number (also called the assessor's parcel number or APN). Also include the property's street address for reference purposes, though the legal description is the controlling identifier.

3

State the Consideration

Enter the consideration for the transfer. For family gifts, use "ten dollars ($10.00) and other good and valuable consideration" or "love and affection and ten dollars ($10.00)." For transfers involving payment, enter the actual purchase price. Check your state's transfer tax requirements, as some states impose real estate transfer taxes based on the stated consideration, and understating the value can result in penalties.

4

Select the Vesting Type

Choose how the grantee(s) will hold title. For a single grantee, this is sole ownership. For married couples, common options include joint tenancy with right of survivorship, tenancy by the entirety, or community property depending on your state. For multiple unrelated grantees, tenancy in common allows each person to hold a defined percentage interest. The vesting choice affects inheritance, divorce, and creditor rights.

5

Execute Before a Notary Public

The grantor must sign the quitclaim deed in the presence of a notary public who will verify the grantor's identity and acknowledge the signature. Some states also require one or two witnesses in addition to notarization. The grantee does not need to sign the deed. Ensure the notary uses the correct acknowledgment form for your state, as requirements vary and county recorders may reject deeds with non-compliant notary blocks.

6

Record with the County Recorder

File the executed and notarized quitclaim deed with the county recorder's office in the county where the property is located. Pay the applicable recording fees and any transfer taxes due. Recording typically costs between fifteen and fifty dollars per document, plus any per-page fees. After recording, the county will return the original deed stamped with the recording information. Save a quitclaim deed PDF copy and keep the recorded original in a secure location as permanent proof of the property transfer.

7

Update Related Records

After recording, notify the county tax assessor of the ownership change and update the property tax billing address if needed. If the property is subject to a mortgage, review the loan terms for any due-on-sale clause that could be triggered by the transfer. Notify the homeowner's insurance company of the ownership change to ensure continued coverage. Update your estate-planning documents to reflect the new ownership structure.

Free Template vs Custom Quitclaim Deed

FeatureFree TemplateCustom (AI or Attorney)
Basic <strong>quitclaim deed</strong> form with standard language in printable PDF format
State-specific statutory formatting and languageRecording requirements vary significantly by state and county-
Multiple vesting options (joint tenancy, tenancy in common)-
Trust transfer language and formattingSpecial language required for trust conveyances-
Notary acknowledgment block with state-specific language
Transfer tax exemption declarations-
Recording cover sheet and filing instructionsSome counties require specific cover sheets-
Preliminary change of ownership report-

Key Facts About Quitclaim Deed Documents

Grantor transfers property interest to grantee via quitclaim deed.

Quitclaim deed makes no warranties about title.

Quitclaim deed must be recorded at county recorder office.

Quitclaim deed commonly used for transfers between family members.

Grantor relinquishes all claims to the property.

Key Legal Terms in a Quitclaim Deed

quitclaim deedgrantorgranteereal propertytitledeed recordingcounty recorderwarranty deedproperty transferconsiderationnotarization

When a Free Template Is Not Enough

Free templates cover standard situations, but a professionally drafted quitclaim deed accounts for state-specific requirements, unusual circumstances, and enforceability considerations that generic forms miss. If your situation involves significant assets, complex terms, or potential disputes, request an attorney-drafted quitclaim deed with a custom quote based on your situation.

Quitclaim Deed Template FAQ

What is a <strong>quitclaim deed</strong> and how does it work?
A quitclaim deed is a legal instrument used to transfer whatever ownership interest the grantor (the person transferring) holds in a piece of real property to the grantee (the person receiving), without making any warranties or guarantees about the quality, extent, or validity of that interest. Unlike a warranty deed, which includes the grantor's promise that they hold clear title and will defend the grantee against any claims, a quitclaim deed simply conveys "whatever I have, if anything." If the grantor has full, clear ownership, the grantee receives full, clear ownership. If the grantor has a partial interest, the grantee receives that partial interest. If the grantor has no interest at all, the grantee receives nothing, and has no legal recourse against the grantor. This "no guarantees" nature makes quitclaim deeds appropriate primarily for transfers between parties who trust each other, such as family members, divorcing spouses, co-owners, and transfers to and from trusts. They are not appropriate for arm's-length real estate sales between strangers, where a warranty deed and title insurance provide essential protections.
What is the difference between a <strong>quitclaim deed</strong> and a <strong>warranty deed</strong>?
The fundamental difference lies in the level of protection provided to the grantee. A warranty deed includes the grantor's legal promises (called covenants of title) that they own the property, have the right to sell it, the property is free from undisclosed encumbrances, and the grantor will defend the grantee's title against any future claims. If any of these warranties prove false, the grantee can sue the grantor for damages. A quitclaim deed provides none of these protections. The grantor makes no promises about whether they actually own the property, whether there are hidden liens or claims, or whether the title is marketable. The grantee accepts whatever interest the grantor has, with all its potential defects. Because of this risk, quitclaim deeds are used primarily in non-sale transfers where the parties know each other and understand the property's title history. In standard real estate purchases, buyers should insist on a warranty deed and also purchase title insurance for additional protection against title defects that even a warranty deed cannot fully address.
Can a <strong>quitclaim deed</strong> be reversed or challenged?
A properly executed quitclaim deed is generally irrevocable once delivered to the grantee and recorded. The grantor cannot unilaterally take back the property transfer. However, a quitclaim deed can be challenged and potentially set aside in court under limited circumstances: if the grantor was mentally incompetent at the time of signing and lacked the capacity to understand the transaction; if the deed was obtained through fraud, duress, or undue influence; if the grantor's signature was forged; if the deed was never actually delivered to the grantee (delivery is a legal requirement for a valid transfer); or if the deed contains a material error in the legal description or party identification. To reverse a quitclaim deed by mutual agreement, the grantee would need to execute a new quitclaim deed transferring the interest back to the original grantor. Courts set a high bar for involuntary reversal, so it is essential to understand the permanent nature of a quitclaim deed before signing one.
Do I need a lawyer for a <strong>quitclaim deed</strong>?
While it is possible to prepare and execute a quitclaim deed without an attorney, legal guidance is advisable in several situations. The deed must contain a precise legal description of the property (not just the street address), use the correct granting language for a quitclaim conveyance, comply with your state's execution and recording requirements, and include the proper notary acknowledgment format. Errors in any of these elements can result in the county recorder rejecting the deed or, worse, the transfer being declared ineffective. Professional assistance is particularly important when transferring property in connection with a divorce (where court orders may impose specific requirements), transferring property into a trust (where incorrect language could fail to fund the trust), dealing with property subject to a mortgage (where a due-on-sale clause could be triggered), or transferring property that may have title defects or unknown claims. For straightforward family transfers with clear title, a high-quality state-specific quitclaim deed template can be an affordable and effective option.
Does a <strong>quitclaim deed</strong> affect the mortgage?
A quitclaim deed transfers ownership but does not affect or transfer the mortgage obligation. If you quitclaim property to another person while a mortgage exists, the grantor typically remains personally liable for the mortgage debt, and the lender retains its lien on the property regardless of the ownership change. Most mortgages contain a "due-on-sale" clause that allows the lender to demand immediate full repayment of the loan balance if the property is transferred without the lender's consent. While lenders do not always enforce due-on-sale clauses for transfers between family members or into trusts, they legally have the right to do so. Federal law (the Garn-St. Germain Act) prohibits lenders from enforcing due-on-sale clauses for certain transfers, including transfers to a spouse, transfers to children, transfers resulting from divorce, and transfers into a revocable living trust where the borrower remains a beneficiary. Before executing a quitclaim deed on mortgaged property, review the loan documents carefully and consult with the lender to understand the potential consequences.

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