A quitclaim deed is a written document that transfers whatever ownership interest the grantor has in real estate to the grantee, with no promise that the interest is valid. It is typically used to transfer property between family members, settle a divorce, move a home into a trust, or correct an error in the title.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.
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This guide explains what a quitclaim deed does, how it differs from a warranty deed, and what most states expect before you can record one. It also walks through the transfer steps and the parts of the form. Looking for a different document? Browse all deed forms.
A quitclaim deed is a written contract that transfers a person's interest in real estate to someone else. The person signing it "quits" whatever claim they have to the property described in the document. The deed does not say that the claim is valid, and it does not promise that the title is free of problems.
Every quitclaim deed has two parties:
People typically use the document for a few common purposes:
Whatever the purpose, the deed conveys only what the grantor owns. A grantor who owns the whole property passes on the whole interest. A grantor with a partial interest can only pass on that part, and a grantor with no interest passes on nothing.
Both documents transfer real estate, but they give the buyer different levels of protection. A warranty deed has the grantor promise that the title is clear. A quitclaim deed makes no such promise and passes only the grantor's interest, if any. That gap drives most of the differences below.
Buyers who want the most protection usually choose a warranty deed. A quitclaim deed fits lower-risk transfers, such as a transfer between family members who know each other or one where no money changes hands.
Deed rules come from state law, and there is no single federal standard. The requirements for signing, witnessing, and recording therefore differ by state and sometimes by county. The points below describe what many states expect, so check your local rules before you sign.
A quitclaim deed typically needs the following:
After signing, the deed is typically filed with the office that keeps land records for the county where the property is located. This is usually the county recorder or county clerk, and in some places a court clerk handles it.
Recording puts the transfer on the public record. In many states an unrecorded deed can lose out to a later buyer who records first.
Our online document builder helps you complete the deed and print a clean copy for signing. Before you sign, it is wise to have an attorney or a title company review it.
A quitclaim deed carries no warranty. It works best when the parties already trust each other, or when the goal is to fix the record instead of making a sale. These are the situations where people use one most often.
Family members often use a quitclaim deed to move property between them. The trust between the parties makes the lack of a title warranty less of a concern. Examples include siblings dividing a shared property or a parent passing a home to a child.
Such a transfer is often a gift and not a sale. Gifts can have tax consequences, so it helps to ask a tax professional before you sign.
When a couple divorces, one spouse may keep the home. The other spouse can sign a quitclaim deed to give up any interest in it. A court order or a divorce settlement agreement may direct that this be done.
Signing a deed does not usually remove a person from the mortgage loan, which is a separate contract with the lender.
A quitclaim deed can help fix some mistakes in the property records. Common examples include:
Have the deed notarized, as you would for any deed you plan to record.
Many people use a quitclaim deed to move their home into their own living trust. Property held in the trust generally passes under the trust's terms, which can help the heirs avoid a probate case. Check with your title insurer and lender first, because a transfer can affect coverage and loan terms.
Transferring ownership with a quitclaim deed takes four steps: agree on the terms, gather the details, sign the deed correctly, and record it. Skipping the last step is a common mistake, because an unrecorded deed may not protect the grantee against later claims.
Agree on any payment before you prepare the deed. Many deeds state a price, while gifts between relatives are often described as a gift or a nominal amount instead. An attorney can confirm how to word it.
A real estate agent is usually not needed for this kind of transfer. Turning to an attorney to make sure the transaction is set up correctly is always a wise choice.
Gather these details before you fill in the form:
The current deed also shows how the property is recorded, usually as a book and page number or an instrument number. The recorder's office uses that reference to find the deed when it needs to be retrieved.
Once the form is complete, the grantor signs it according to the rules of the state where the property is located. That typically means signing in front of a notary public. Some states also ask for witnesses, so check the local rules first.
The grantee often does not need to sign the deed, but local rules vary.
As the last stage, take the signed deed to the recording office for the county where the property is located and pay the recording fee. Fees and accepted payment methods vary by office, so check them before you go.
The recorder typically asks for the following:
Once the deed is recorded, the office typically returns it or provides a copy that shows the book and page number. Keep it with your property records.
The form has four parts, and you complete them in order. Have the current deed, the names of both parties, and the legal description ready before you start. Write each name with the same spelling that appears on the current deed.
These four parts cover the whole form. A ready free quitclaim deed form lets you fill in the gaps with the details above. Use our quitclaim deed template to complete each part online.
These are the questions people ask most often about quitclaim deeds. The answers are general information about how the document works. Rules for signing, witnessing, and recording differ by state, so confirm local requirements with the county recorder, a title company, or an attorney before you sign.
A title is the legal right to own a property. A deed is the document that transfers that right to a new owner. A quitclaim deed therefore moves whatever title the grantor has, and it does not prove that the grantor's title is good.
The grantor makes no promise about the quality of the title. If the grantor has no legal interest in the property, the grantee receives nothing and has no warranty to rely on against the grantor. A warranty deed adds those promises, which is why it is considered more secure.
If the owner's title is clean, the risk of a quitclaim deed is small. The deed passes that interest to the grantee, but without the warranty that a warranty deed adds. If you are not sure the title is clean, a title search or a warranty deed gives you more protection.
A quitclaim deed can help clear some defects in the recorded title. Common examples include:
It cannot cure every defect, and some problems need a court or a different document. A title company or an attorney can tell you which fix applies.
It can. Suppose title research shows that a former owner's spouse may hold an interest because an earlier deed was signed improperly. That spouse can sign a quitclaim deed to release any interest when the current owner asks. Whether it fully solves the problem depends on state law, so ask a title company or an attorney.
General information, not legal or tax advice.
