Quitclaim Deed Generator: Create a Deed in Minutes
Free quitclaim deed generator that builds a ready-to-print quitclaim deed form with the correct warranty and consideration language. Use it to add a spouse to a deed, transfer property to a family member, or handle a quitclaim deed for divorce. Switch to a warranty deed or gift deed with one click.
Deed Type
The type you choose controls the warranty and consideration language in the finished deed.
Prepared By & Return To
Grantor(s)
The current owner(s) giving up their interest in the property.
Grantee(s)
The person(s) receiving the property. This can be a spouse, a family member, or a trust.
Property Details
Use the full legal description from the existing deed or title report, not just the street address.
Consideration
The amount the grantee pays. Leave blank to use the traditional nominal recital of ten dollars and other good and valuable consideration.
Before you rely on this deed: a deed must be signed in front of a notary public and then recorded with the county recorder or register of deeds where the property sits. Signing, notarization, transfer taxes, and formatting rules vary by county and state, and a transfer can carry gift tax, capital gains, or property tax reassessment consequences. This tool provides general information, not legal advice, and is not a substitute for a licensed attorney.
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What Is a Quitclaim Deed?
A quitclaim deed is a legal instrument that transfers whatever interest the grantor holds in a parcel of real property to a grantee, without making any promises about the quality of that interest. The defining feature of a quitclaim is the complete absence of a warranty of title. The grantor does not swear that they own the property, that the title is marketable, or that the land is free of liens, easements, or competing claims. They simply release and convey whatever they have, which could be full ownership, a partial interest, or in some cases nothing at all. This is why a quitclaim is sometimes described as conveying the grantor's interest "as is."
Because it carries no guarantees, the quitclaim deed is not the right tool for an arms-length purchase between strangers. Instead, it shines in situations built on existing trust: a divorcing couple dividing the marital home, a parent adding an adult child to the title, spouses restructuring how they hold title, or an owner moving property into a living trust or LLC. In each of these cases, the grantee is not relying on the deed to guarantee clear title because they already understand the ownership history. Whenever you need an enforceable guarantee of title, you should use a warranty deed and back it with an owner's title insurance policy instead. If your transfer is more complex, consider ordering an attorney-drafted deed tailored to your county.
To be legally effective, a quitclaim deed must satisfy a handful of formal requirements. It must identify the grantor and grantee, state the consideration, contain operative words of conveyance, and include an accurate legal description of the property. The grantor must then sign the deed before a notary public, and in some states one or two witnesses are also required. Finally, the deed must be delivered to the grantee and recorded with the county land records office to put the public on notice of the transfer. Skipping the recording step is one of the most common and costly mistakes people make when transferring property without a lawyer.
Key Point: A Quitclaim Deed Gives the Grantee No Warranty of Clear Title
A quitclaim deed transfers only the interest the grantor actually owns at the moment of the transfer, and nothing more. If the grantor owns half the property, the grantee gets half. If the grantor owns nothing, the grantee gets nothing, and has no legal claim against the grantor because no warranty was ever made. This is fundamentally different from a warranty deed, where the grantor legally guarantees clear title and can be sued if a defect surfaces. Never accept a quitclaim deed in a purchase where you are paying market value for the property. Reserve quitclaims for family transfers, divorce settlements, and title cleanup among parties who already trust one another.
Quitclaim vs Warranty Deed vs Grant Deed: Which One Do You Need?
The quitclaim vs warranty deed question comes down to how much protection the person receiving the property gets. The three deeds you are most likely to encounter, quitclaim, general warranty, and grant (special warranty) deeds, sit on a spectrum from no protection to maximum protection. Choosing the wrong one can leave a buyer exposed to hidden title defects or lead a family member to promise more than they intended.
A general warranty deed offers the strongest protection. The grantor makes the full covenants of title, warranting that they own the property in fee simple, have the right to convey it, and that the title is free from encumbrances except those disclosed. Critically, this warranty covers the entire chain of title, so the grantor is on the hook even for defects that arose before they owned the property. This is the standard deed in a typical home sale. A grant deed or special warranty deed narrows that promise: the grantor warrants only that they personally did nothing to impair the title during their ownership, and makes no promises about earlier owners. Commercial sellers and banks selling foreclosed property often use special warranty deeds.
A quitclaim deed offers no protection at all. It is the fastest and simplest way to move an interest from one person to another, which is exactly why it is favored for internal, trusted transfers where a warranty would be unnecessary. If you are gifting property, a gift deed structures the same conveyance around love and affection rather than a purchase price. When you are unsure which instrument fits your situation, or when real money and clear title are on the line, it is worth having a real estate attorney prepare the deed and confirm the vesting for your state.
Deed Comparison Table: Protection, Uses, and Warranty
The table below compares the four deed types this generator can produce or that you are likely to compare, across the protection they offer and the situations where each fits best. Availability of specific tenancies and transfer tax exemptions varies by state.
| Deed Type | Title Warranty | Grantee Protection | Consideration | Best For |
|---|---|---|---|---|
| Quitclaim Deed | None | Lowest | Any / nominal | Divorce, adding a spouse, family transfers, title cleanup |
| Gift Deed | None (usually) | Lowest | Love and affection | Gifting property to a child or relative |
| Grant / Special Warranty Deed | Limited | Medium | Purchase price | Commercial sales, bank-owned and foreclosure sales |
| General Warranty Deed | Full covenants | Highest | Purchase price | Standard home purchase between unrelated parties |
How to Fill Out a Quitclaim Deed Step by Step
Knowing how to fill out a quitclaim deed correctly is what separates a valid transfer from one a county recorder will reject. Start by entering the preparer and return-to information, which tells the recorder who drafted the deed and where to mail it after recording. Next, list the full legal names and addresses of every grantor (the current owner giving up the interest) and every grantee (the person receiving it). Use complete legal names exactly as they appear on the current deed to keep the chain of title consistent.
The single most important field is the legal description. This is not the street address. It is the formal description used in land records, such as a lot and block reference, a metes-and-bounds description, or a reference to a recorded plat. Copy it exactly from the prior deed or a title report. An incorrect or incomplete legal description is the leading cause of rejected and later-challenged deeds. Add the parcel or APN number from your property tax bill, select the vesting that describes how the grantee will hold title, and state the consideration. For a family transfer you can use a nominal amount, and for a pure gift you should choose the gift deed type, which recites love and affection instead of a price.
Once you generate the deed with the tool above, print it and have the grantor sign it in the presence of a notary public. Do not sign before you get to the notary, because the notary must witness the signature. After notarization, take or mail the original to the county recorder to be recorded, along with any required transfer tax declaration. Keep a stamped copy for your records. If your situation involves a mortgage, multiple parcels, or unusual vesting, using a quit claim deed template reviewed by an attorney will save you from costly errors.
What Goes Into a Valid Deed
Parties and Consideration
The deed names the grantor(s) transferring the interest and the grantee(s) receiving it, and recites the consideration. A quitclaim can use a nominal sum, while a gift deed recites love and affection with no purchase price.
Granting Clause and Warranty Language
The operative words of conveyance differ by deed type. A quitclaim uses remise, release, and quitclaim with no warranty, while a warranty deed uses grant, bargain, sell, and convey plus full covenants of title.
Legal Description and Vesting
The full legal description identifies the exact parcel, and the vesting language states how the grantee holds title, such as joint tenants with right of survivorship or tenants by the entirety for a married couple.
Signature, Notary, and Recording
The grantor signs before a notary public, the notary completes the acknowledgment, and the deed is recorded with the county recorder. Recording fees and transfer taxes typically apply at this stage.
Notarizing and Recording Your Deed
A deed does not take full legal effect against the world until it is properly notarized and recorded. Notarization means the grantor signs the deed in the physical presence of a notary public, who verifies the signer's identity and completes an acknowledgment certifying that the grantor signed voluntarily. Every state requires this acknowledgment for a deed to be recordable, and a handful of states additionally require one or two subscribing witnesses. Never sign the deed in advance; the notary must observe the signature for the acknowledgment to be valid.
Recording is the act of filing the signed, notarized deed with the county recorder, register of deeds, or land records office in the county where the property sits. Recording enters the deed into the public chain of title and, under each state's recording statute, protects the grantee's priority against later buyers, lenders, and creditors. An unrecorded deed can still be valid between the grantor and grantee, but it exposes the grantee to catastrophic risk: if the grantor fraudulently conveys the same property to a second buyer who records first, that second buyer may win under a race-notice or notice recording statute. Record promptly, keep the stamped copy, and confirm the parcel number matches the tax rolls.
Counties impose specific formatting requirements for recordable documents, such as minimum margins, font sizes, a return-to address, and sometimes a cover sheet or a preliminary change of ownership report. Many also collect a real estate transfer tax at the moment of recording. Because these mechanical requirements vary widely, call the recorder's office or check their website before you submit. If the deed is part of a larger estate or business plan, our attorney-drafted document service can prepare the deed to your county's exact specifications.
Warning: A Quitclaim Deed Does Not Remove You From the Mortgage
One of the most damaging misunderstandings in a quitclaim deed for divorce or any family transfer is assuming the deed also affects the loan. It does not. A deed transfers ownership of the title, but it has no effect on the mortgage. If you sign a quitclaim deed giving up your interest in a home that still carries a joint mortgage, you remain fully liable for that debt even though you no longer own the property. The only reliable way to be released from the loan is for the party keeping the home to refinance it into their own name alone, or for the lender to grant a formal release. Before recording a quitclaim that involves a mortgaged property, confirm how the loan will be handled and review the note for a due-on-sale clause.
Common Uses: Divorce, Adding a Spouse, and Family Transfers
The most frequent reason people reach for this document is to add a spouse to the deed. After a marriage, one spouse who owned a home before the wedding often wants to place the property in both names. A quitclaim deed accomplishes this in a single step: the owning spouse conveys an interest to both spouses, choosing a survivorship vesting so the home passes automatically to the survivor without probate. The right vesting, whether tenants by the entirety, joint tenants with right of survivorship, or community property, depends on your state, so confirm which options your state recognizes.
In divorce, the quitclaim deed for divorce is the standard mechanism for carrying out a property settlement. When the decree awards the house to one spouse, the other signs a quitclaim releasing their interest so the receiving spouse holds title alone. The deed should mirror the language of the decree and be recorded promptly. Remember the mortgage warning above: the quitclaim clears the title but not the debt. Families also use these deeds to transfer property to a family member, such as aging parents moving a home to an adult child, or relatives consolidating inherited property. When there is no purchase price, a gift deed is the cleaner instrument because it accurately recites that the transfer is made for love and affection.
Beyond family situations, quitclaim deeds are widely used to move property into a living trust or an LLC for estate planning and asset protection, to clear up a clouded title by having a person with a possible claim quitclaim it away, and to correct errors in a prior deed. In each case, the parties are not relying on a warranty of title, which is exactly why the quitclaim is the efficient choice. If your transfer also involves setting up an entity or a trust, an attorney-drafted package can coordinate the deed with the rest of your plan.
Pro Tip: Copy the Legal Description From Your Prior Deed, Not the Tax Bill
The legal description is the heart of a valid deed, and the safest source is the most recent recorded deed for the property, which you can obtain from the county recorder. Tax bills and listing sites often use abbreviated or approximate descriptions that are not sufficient to convey title. Transcribe the description character for character, including lot and block numbers, plat references, and recording book and page citations. If the description spans multiple lines or references an attached exhibit, reproduce it in full. A precise legal description prevents the recorder from rejecting the deed and forecloses future disputes about exactly what land was transferred.
Tax Implications of Transferring Property by Deed
Transferring real estate by deed can carry meaningful tax consequences that are easy to overlook when the transfer feels like a simple favor to family. The first is transfer tax. Most counties, and many states, levy a real estate transfer tax or documentary stamp tax when a deed is recorded, typically calculated on the sale price or the property's value. Some states exempt transfers between spouses or from parent to child, and gift transfers may qualify for a reduced or zero transfer tax, but you cannot assume an exemption applies. Check your county recorder's rules before recording.
The second is federal gift tax. When you transfer property for less than fair market value, the difference is treated as a gift. If the gift exceeds the annual exclusion amount, the grantor must file IRS Form 709, although the large lifetime exemption means most people owe no actual tax. A related and frequently missed issue is cost basis. A recipient who receives property as a lifetime gift generally takes the grantor's original cost basis (a carryover basis), which can produce a large capital gains bill when the property is later sold. By contrast, property inherited at death usually receives a stepped-up basis to fair market value. This single distinction often makes it smarter, tax-wise, to pass a home through a will or a transfer-on-death deed rather than gifting it during life.
Finally, watch for a property tax reassessment. In some states, a change in ownership triggers a reassessment that can sharply raise the annual property tax, though many states provide exclusions for transfers between spouses or between parents and children. Because transfer tax, gift tax, basis, and reassessment rules are highly state-specific and interact with one another, confirm the full picture with a tax professional or a real estate attorney before you record any deed. You can also compare approaches with our estate planning resources or request attorney-drafted documents that account for the tax angle.
Frequently Asked Questions
What is a quitclaim deed and how does it work?
A quitclaim deed is a legal document that transfers whatever ownership interest the grantor has in a piece of real property to a grantee, with no warranty of title. Unlike a sale deed, a quitclaim makes no promise that the grantor actually owns the property, that the title is clear, or that there are no liens or competing claims. It simply releases and conveys whatever interest the grantor holds, if any. Because of this, quitclaim deeds are most often used between people who already trust each other, such as spouses, family members, or co-owners restructuring how they hold title. To be effective, the deed must be signed by the grantor, notarized, and recorded with the county recorder or register of deeds where the property is located.
What is the difference between a quitclaim deed and a warranty deed?
The core difference in the quitclaim vs warranty deed comparison is the level of protection the grantee receives. A quitclaim deed transfers only the interest the grantor happens to have and includes no covenants of title, so if the title turns out to be defective, the grantee has no legal recourse against the grantor. A general warranty deed includes the full covenants of title (seisin, right to convey, against encumbrances, and quiet enjoyment) and guarantees clear ownership across the entire chain of title, giving the grantee the right to sue the grantor if a title defect surfaces. A grant deed (or special warranty deed) sits in between, warranting only that the grantor did not personally cause a title defect during their ownership. Buyers in an arms-length purchase should insist on a warranty deed; a quitclaim is appropriate for family transfers and title cleanup.
How do I fill out a quitclaim deed?
To learn how to fill out a quitclaim deed, gather the following before you start: the preparer and return-to address, the full legal names and addresses of the grantor(s) and grantee(s), the county and state where the property is located, the exact legal description copied from the existing deed or a title document (not the mailing address), the parcel or APN number, the consideration amount, and how the grantee will hold title (the vesting). Enter each of these into the generator above, choose the quitclaim deed type, and preview the document. After you generate and print it, the grantor must sign it in front of a notary public, and then you must record it with the county recorder. Always double-check the legal description against a prior deed, because an error there can invalidate the transfer.
Can I use a quitclaim deed to add my spouse to the deed?
Yes. Using a quitclaim deed to add a spouse to the deed is one of the most common uses of the document. The current owner acts as grantor and conveys an interest to both spouses as grantees, typically vesting title as tenants by the entirety, joint tenants with right of survivorship, or community property, depending on the state. This lets the property pass automatically to the surviving spouse without probate. Be aware that adding a spouse can have tax and lending consequences: if there is a mortgage, review the loan documents for a due-on-sale clause, and if the added spouse is not contributing equal value, the transfer may be treated as a gift for federal gift tax purposes. Many couples have an attorney confirm the correct vesting language for their state.
How is a quitclaim deed used in a divorce?
A quitclaim deed for divorce is used to transfer one spouse's interest in the marital home to the other spouse as part of a property settlement. When a divorce decree awards the house to one party, the other party signs a quitclaim deed giving up their interest, which allows the receiving spouse to hold title alone. Important caveat: a quitclaim deed removes a spouse from the title but does NOT remove them from the mortgage. If both spouses are on the loan, the spouse keeping the home usually must refinance to release the other from liability. The quitclaim should track the language of the divorce decree, and it should be signed and recorded promptly after the decree is entered.
What is a gift deed and when should I use one?
A gift deed transfers property from a grantor to a grantee for love and affection, with no monetary consideration. It is commonly used to transfer property to a family member, such as a parent gifting a home to a child. Because the transfer is a gift, the grantor may need to file a federal gift tax return if the value exceeds the annual exclusion, although the lifetime exemption usually means no tax is actually owed. A gift deed can also affect the recipient's cost basis: the recipient generally takes the grantor's original basis rather than a stepped-up basis, which can create a larger capital gains bill if they later sell. Many families weigh a gift deed against leaving the property through a will or a transfer-on-death deed, which preserves the step-up in basis.
Does a quitclaim deed have to be notarized and recorded?
Yes. In every state, a deed must be signed by the grantor in front of a notary public to be validly acknowledged, and some states also require one or two witnesses. After notarization, the deed should be recorded with the county recorder, register of deeds, or land records office in the county where the property is located. Recording is what puts the world on notice of the transfer and protects the grantee's priority against later claims. An unrecorded deed can still be valid between the grantor and grantee, but failing to record exposes the grantee to serious risk if the grantor conveys the same property to someone else or if a creditor records a lien first. Recording fees and, in many counties, a real estate transfer tax apply.
What are the tax implications of a quitclaim or gift deed?
Transferring property by deed can trigger several taxes. Most counties and many states impose a real estate transfer tax or documentary stamp tax based on the value of the property or the consideration paid, and this can apply even to gift and family transfers, though some states exempt transfers between spouses or from parent to child. A transfer for less than fair market value may be treated as a gift, requiring the grantor to file IRS Form 709 if the value exceeds the annual exclusion. The grantee's cost basis generally carries over from the grantor in a gift, which can increase capital gains tax on a future sale. In some states, a change in ownership can also trigger a property tax reassessment. Because these consequences are significant and state-specific, confirm them with a tax professional or attorney before recording.
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