Quitclaim Deed
A quitclaim deed transfers whatever interest the grantor has in a property without any warranties or guarantees about the quality of title, commonly used between family members or to clear title defects.
Exam Tip
Quitclaim = NO WARRANTIES. Transfers only what grantor has (which may be nothing). Used for family transfers and clearing title.
What is a Quitclaim Deed?
A quitclaim deed is the simplest type of deed, transferring whatever ownership interest the grantor (seller) has in a property—if any—without making any promises about the quality of that interest. It provides no protection to the grantee (buyer) if title problems arise.
What a Quitclaim Deed Does
| Does | Does NOT |
|---|---|
| Transfers grantor's interest | Guarantee grantor has any interest |
| Releases claims to property | Warrant against defects |
| Conveys whatever rights exist | Protect against liens |
| Works immediately | Provide title insurance basis |
Common Uses for Quitclaim Deeds
| Situation | Example |
|---|---|
| Divorce | Spouse transfers interest to ex |
| Adding spouse | Add name to existing title |
| Family transfers | Gift to child or sibling |
| Clear clouds | Release old claims on title |
| Correct errors | Fix name spelling, etc. |
| LLC transfers | Personal to business entity |
Quitclaim vs. Warranty Deeds
| Feature | Quitclaim | Warranty |
|---|---|---|
| Warranties | None | Full guarantees |
| Protection | None | Against all title defects |
| Risk | Buyer assumes all | Seller liable |
| Cost | Usually less | May cost more |
| Common use | Family, cleanup | Arm's length sales |
What Quitclaim Does NOT Guarantee
- That grantor actually owns the property
- That title is free of liens
- That there are no prior claims
- That grantor has right to convey
- Defense against title challenges
Legal Requirements
| Element | Required? |
|---|---|
| Written document | Yes |
| Grantor signature | Yes |
| Notarization | Usually yes |
| Legal description | Yes |
| Grantee acceptance | Implied |
| Recording | Recommended |
Risks of Accepting a Quitclaim
- May receive nothing (if grantor has no interest)
- No recourse against grantor for defects
- Title insurance may not cover
- Lender may refuse for purchase
Study This Term In
Related Terms
Warranty Deed (General Warranty Deed)
Real EstateA warranty deed is a legal document that transfers property ownership while providing the buyer with the highest level of protection, as the seller guarantees clear title and promises to defend against any claims throughout the property's entire history.
Deed
Real EstateA deed is a legal document that transfers ownership (title) of real property from one party to another.
Title
Real EstateTitle is the legal right to own, use, and dispose of real property, representing the bundle of rights that come with property ownership.
Special Warranty Deed
Real EstateA special warranty deed is a deed where the grantor only guarantees clear title for the period they owned the property, not for the entire history of ownership, providing less protection than a general warranty deed.