Quitclaim Deed
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).
Must be notarized for county recording. Some states require witnesses. Check your county recorder requirements.
Sample Quitclaim Deed Generated by Legal Tank
Quitclaim Deed
Grantor and Grantee
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").
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
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.
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
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.
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
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.
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No Warranties of Title
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.
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
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.
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
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
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.
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
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.
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.
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 of the transfer. The legal framework for recording statutes and their effect on property rights is detailed in Cornell Law's overview of recording acts, which explains the race, notice, and race-notice systems used across different states. 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. Transfers between spouses or into revocable trusts are often exempt from transfer taxes, and the IRS gift tax FAQ explains federal gift tax reporting requirements for property transfers that may apply when the deed involves non-spousal recipients.
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.
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?
How do I transfer property with a quitclaim deed?
What is the difference between a quitclaim deed and a warranty deed?
Does a quitclaim deed need to be recorded?
Can a quitclaim deed be reversed?
Does a quitclaim deed transfer ownership?
How much does it cost to file a quitclaim deed?
Do I need a lawyer for a quitclaim deed?
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