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Quitclaim Deed Form

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Quitclaim Deed Generator

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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.

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Choose your state to apply quitclaim deed laws specific to your jurisdiction.

2

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Provide the required information - party names, terms, and key provisions.

3

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What Is a Quitclaim Deed?

A quitclaim deed is a legal instrument used to transfer whatever ownership interest, if any, the grantor holds in a specific parcel of real property to a grantee, without making any warranties or guarantees regarding the quality, validity, or extent of that interest. Unlike a warranty deed, which guarantees the grantor holds clear title and will defend against all claims, a quitclaim deed simply conveys the grantor's current interest - which may be full ownership, partial ownership, or potentially no interest at all. This makes the quitclaim deed the simplest and fastest method of property transfer, but also the one that provides the least protection to the grantee.

Quitclaim deeds are most commonly used in situations where the parties have an existing relationship of trust and the transfer is not a traditional arm's-length sale. Typical uses include transferring property between spouses during marriage or as part of a divorce settlement, adding or removing a family member from the property title, transferring property into or out of a living trust for estate planning purposes, correcting errors in previously recorded deeds such as misspelled names or incorrect legal descriptions, and clearing up title defects or clouds on title identified during a title search.

The legal effect of a quitclaim deed is limited to whatever interest the grantor actually possesses at the time of conveyance. If the grantor owns the property free and clear, the quitclaim deed transfers full ownership to the grantee. If the grantor has no interest in the property - whether through fraud, mistake, or misunderstanding - the quitclaim deed transfers nothing, and the grantee has no legal recourse against the grantor for breach of any title warranty because none was made. This is fundamentally different from a warranty deed, where the grantor would be liable for damages if the title proved defective.

Recording the quitclaim deed with the county recorder's office in the county where the property is located is essential to establish the grantee's ownership in the public land records and provide constructive notice to the world of the transfer. An unrecorded deed may still be valid between the grantor and grantee, but it does not protect the grantee against subsequent purchasers or creditors who rely on the public record. The recording process requires the deed to meet specific formatting requirements including notarization, proper legal description, and in many jurisdictions, payment of transfer taxes or filing of a transfer tax exemption.

Why You Need a Quitclaim Deed

You are transferring real property to your spouse or domestic partner, either to add them to the title, remove them during a divorce settlement, or equalize ownership of marital property.

You are conveying your personal residence or investment property into a revocable living trust as part of your estate plan, which allows the property to avoid probate and transfer directly to your beneficiaries upon death.

A title search has revealed a cloud on the title - such as an interest held by an ex-spouse, an heir, or a former co-owner - and you need a quitclaim deed from that person to clear the defect and establish marketable title.

You need to correct an error in a previously recorded deed, such as a misspelled name, incorrect legal description, or wrong vesting type, by recording a corrective quitclaim deed that fixes the discrepancy in the public record.

A family member is transferring property to another family member as a gift, and the trust relationship between the parties eliminates the need for the title warranties that would be provided by a warranty deed in an arm's-length transaction.

Related Real Estate Documents

Quitclaim Deed is often used alongside other real estate documents. Depending on your situation, you may also need:

Key Sections in a Quitclaim Deed

Grantor and Grantee Identification

This section identifies the grantor, who is transferring the property interest, and the grantee, who is receiving it, by their full legal names and addresses. The names must match the public record exactly - any discrepancy between the name on the deed and the name in the county records can create a chain of title defect that must be corrected.

Legal Description of the Property

The deed must contain the complete legal description of the property, which is typically obtained from the current deed on file with the county recorder, a title report, or a property survey. The legal description uses metes and bounds, lot and block numbers from a recorded plat, or section, township, and range designations - not merely a street address, which is insufficient for a deed.

Quitclaim Conveyance Language

The operative granting clause uses specific quitclaim language - typically "remise, release, and quitclaim" - to convey whatever interest the grantor holds without any warranty of title. This language is what distinguishes the quitclaim deed from a warranty deed or grant deed and defines the extent of the grantor's liability, which is essentially none.

Consideration Statement

The deed states the consideration exchanged for the transfer, which may be monetary, nominal (such as "ten dollars and other good and valuable consideration"), or express love and affection for interfamily transfers. The stated consideration may affect transfer tax calculations and gift tax implications.

Notarization and Execution

The grantor must sign the deed before a notary public, who verifies the grantor's identity and confirms they are signing voluntarily. Notarization is universally required for deeds to be accepted for recording by the county recorder. Some states require witnesses in addition to notarization.

Recording Information

This section includes information needed for recording, such as the return address for the recorded deed, the assessor's parcel number, and any required transfer tax declarations or exemption forms. Proper formatting including margin requirements, font size, and page layout must comply with the county recorder's specifications.

Quitclaim Deed Legal Requirements

The quitclaim deed must be signed by the grantor and notarized before a commissioned notary public, as all county recorders require notarization before accepting a deed for recording in the official land records.

The deed must contain a complete legal description of the property that matches the public records - typically a metes and bounds description, lot and block reference from a recorded plat, or government survey description - not merely a street address.

The deed must be recorded with the county recorder's office in the county where the property is located, along with any required transfer tax declarations, exemption certificates, or preliminary change of ownership reports.

Many states and counties impose documentary transfer taxes or recording fees on real property transfers, and the quitclaim deed must include a statement of the consideration paid or a claim of exemption from transfer tax.

Some states require additional formalities such as witnesses in addition to notarization, specific statutory language in the granting clause, or the grantor's marital status disclosure to ensure the deed is valid and recordable.

State-by-State Quitclaim Deed Requirements

Quitclaim Deed requirements vary significantly across U.S. states. Each jurisdiction imposes different rules regarding required language, notarization, witness requirements, filing procedures, and enforceability standards. Our generator automatically applies state-specific provisions to ensure your document complies with the laws of your jurisdiction.

Select your state in the generator above to see the specific requirements that apply to your quitclaim deed. Our database of state-specific legal provisions is maintained and updated by licensed attorneys.

View state-specific quitclaim deed templates

Common Quitclaim Deed Mistakes to Avoid

Using a quitclaim deed in a standard real estate purchase transaction where a warranty deed is appropriate, thereby leaving the buyer with no title protection and no recourse if the seller did not actually own the property or if liens and encumbrances exist.

Providing an incorrect or incomplete legal description of the property, which can result in the deed being rejected for recording or, worse, inadvertently conveying a different parcel than intended.

Failing to record the quitclaim deed with the county recorder after execution, which leaves the transfer outside the public record and exposes the grantee to claims by subsequent purchasers or creditors who had no notice of the transfer.

Not considering the tax implications of the transfer - quitclaim deeds between non-spouses may trigger gift tax obligations, reassessment of property taxes, or transfer tax liability that the parties did not anticipate.

Assuming a quitclaim deed removes the grantor from an existing mortgage obligation, when in fact the deed only transfers the ownership interest; the grantor remains personally liable on the mortgage unless the lender agrees to a release or the loan is refinanced.

Frequently Asked Questions About Quitclaim Deeds

What is a quitclaim deed?
A quitclaim deed is a legal document that transfers whatever ownership interest the grantor currently holds in a piece of real property to a grantee, without making any warranties about the quality or extent of that ownership. The grantor does not guarantee they actually own the property, that the title is free of liens, or that no other person has a superior claim. If the grantor owns the property outright, the quitclaim deed effectively transfers full ownership. If the grantor has no interest, the deed transfers nothing and the grantee has no legal claim against the grantor. This makes quitclaim deeds ideal for transfers between trusted parties but inappropriate for standard real estate purchases.
How do I transfer property with a quitclaim deed?
To transfer property with a quitclaim deed, obtain the current legal description from the existing deed or a title report, prepare the quitclaim deed identifying the grantor, grantee, and property by its full legal description, have the grantor sign the deed before a notary public, complete any required transfer tax declarations or exemption forms, and record the deed with the county recorder's office where the property is located along with the applicable recording fee. The transfer is effective upon delivery of the deed to the grantee, but recording establishes the transfer in the public record and protects the grantee against subsequent claims. The entire process can often be completed in a matter of days.
What is the difference between a quitclaim deed and a warranty deed?
The fundamental difference lies in the level of protection provided to the grantee. A warranty deed contains the grantor's legally binding guarantees that they hold valid title to the property, that the title is free of all encumbrances except those specifically disclosed, and that the grantor will defend the grantee's title against all claims. If any of these warranties prove false, the grantee can sue the grantor for damages. A quitclaim deed contains no such warranties - the grantor simply transfers whatever interest they may have, and if the title proves defective, the grantee bears the entire loss. Warranty deeds are standard in arm's-length real estate sales, while quitclaim deeds are used for transfers between family members, into trusts, and to clear title defects.
Does a quitclaim deed need to be recorded?
While a quitclaim deed is technically valid between the grantor and grantee upon execution and delivery even without recording, recording is essential for protecting the grantee's interest. Recording places the transfer in the public land records and provides constructive notice to the entire world that the grantee now holds the property interest. Without recording, a subsequent buyer or creditor who checks the public records would not know about the transfer and could acquire a competing interest that may take priority over the unrecorded deed under the state's recording statutes. The deed must be notarized to be accepted for recording, and applicable recording fees and transfer tax must be paid at the time of filing.
Can a quitclaim deed be reversed?
A quitclaim deed cannot be unilaterally reversed by the grantor once it has been executed and delivered to the grantee. The transfer of the property interest is permanent and complete upon delivery. To reverse the transfer, the current grantee would need to execute a new quitclaim deed transferring the interest back to the original grantor - this is an entirely new transaction requiring the grantee's voluntary cooperation. In rare circumstances, a court may set aside a quitclaim deed if it was obtained through fraud, undue influence, mistake, or lack of mental capacity, but the burden of proof on the party seeking to void the deed is substantial. This is why careful consideration should be given before executing a quitclaim deed.
Does a quitclaim deed transfer ownership?
A quitclaim deed transfers whatever ownership interest the grantor actually holds at the time of execution, but it does not guarantee that the grantor holds any interest at all. If the grantor is the sole owner with clear title, the quitclaim deed effectively transfers full ownership to the grantee. If the grantor is a co-owner, only their fractional interest is transferred. If the grantor holds no interest in the property, the deed transfers nothing. Importantly, a quitclaim deed transfers only the ownership interest - it does not affect existing mortgages, liens, property taxes, or other encumbrances on the property. The grantee receives the interest subject to all existing obligations and claims.
How much does it cost to file a quitclaim deed?
The cost of a quitclaim deed includes several components. Preparing the deed yourself or using an online template typically costs between $10 and $100. Hiring an attorney to prepare the deed ranges from $150 to $500 depending on the complexity and jurisdiction. Notarization fees are typically $5 to $25 per signature. Recording fees charged by the county recorder range from $10 to $100 or more depending on the county and the number of pages. Documentary transfer taxes vary widely by jurisdiction - some counties charge a percentage of the property value, while others assess a flat fee, and many exempt intra-family and trust transfers entirely. Title search fees, if desired, add $75 to $200 to verify the grantor's interest before the transfer.
Do I need a lawyer for a quitclaim deed?
You are not legally required to hire a lawyer to prepare or file a quitclaim deed, and many straightforward transfers between family members or into trusts are completed without legal representation. However, attorney assistance is strongly recommended in several situations: when the property has an existing mortgage and you need to understand the lender's rights; when the transfer may trigger gift tax, property tax reassessment, or capital gains tax implications; when the deed involves multiple grantors or complex ownership structures; when you are uncertain about the accuracy of the legal description; or when the transfer is part of a divorce settlement and must comply with court orders. For simple transfers with clear title and cooperative parties, a properly completed template and notarization are typically sufficient.

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Reviewed by licensed attorneys · Editorial policy · Last updated March 2026

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