Free Quitclaim Deed Form

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A quitclaim deed transfers property, usually with no promise about title. Our free form builds a quitclaim deed you fill in online, then print or download as a PDF. Families, divorcing spouses and trust owners use it, especially when no money changes hands.

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This page shows a filled-in quitclaim deed example, explains each part of the form, and lists the signing rules and county offices by jurisdiction, each with the statute behind it. Looking for a different document? Browse all deed forms.

What Is a Quitclaim Deed?

A quitclaim deed is a written deed in which the grantor gives up, or "quits," whatever claim they hold in a property and passes it to the grantee, usually without saying that the claim is valid or that the title is clear. Minnesota's statute, for example, says a quitclaim deed passes "all right, title, and interest of the grantor in the premises described" (Minn. Stat. § 507.07).

Every quitclaim deed has two parties:

  • The grantor is the person who currently holds the interest and signs the deed.
  • The grantee is the person who receives that interest and becomes the new owner of it.

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.

Usually the deed makes no promise about the title: Ohio's statutory quitclaim deed, for instance, conveys the grantor's interest "without covenants of any kind on the part of the grantor" (Ohio Rev. Code Ann. § 5302.11).

A few statutory quitclaim forms carry limited covenants instead. In Massachusetts and New Hampshire the grantor covenants that the premises were free from all encumbrances made by the grantor at delivery and will warrant and defend them against claims by, through or under the grantor (M.G.L. c. 183, § 11; N.H. Rev. Stat. Ann. § 477:28). Rhode Island's form grants "with quitclaim covenants", followed by the description and the encumbrances, if any (R.I. Gen. Laws § 34-11-12). In Maine, a deed in substance following the form "Quitclaim Deed With Covenant", when duly executed, has the force and effect of a deed in fee simple with a limited covenant to warrant and defend (33 M.R.S. § 765).

Other names for the same document: quit claim deed, quit-claim deed, quitclaim, and non-warranty deed.

Quitclaim Deed Form: Fill In Online, Then Download a PDF

A blank quitclaim deed form has spaces for the grantor, the grantee, the legal description of the property, the price or gift, and the grantor's signature, and our builder fills those spaces from your answers.

To get yours, answer the builder's questions about the parties and the property, check the finished deed on screen, then download it as a PDF and print it. You can save your progress and finish on another device.

Our online document builder helps you complete the deed and print a clean copy for signing. Leave the signature lines blank until signing day.

A "quick claim deed" is the same document. The correct name is quitclaim deed, after the grantor quitting a claim, and a search for either name leads to this form.

Example of a Completed Quitclaim Deed

A completed deed names the grantor and the grantee, gives the price or says the transfer is a gift, describes the property by its legal description, and ends with the grantor's signature and an acknowledgment block. The sample below shows how those parts read once filled in.

Sample only. The names, addresses, numbers and property below are made up.

QUITCLAIM DEED

Prepared by and return to: Dana Ruiz, 418 Elm Street, Springfield, [State] 00000
Assessor's parcel number: 000-000-000

For ten dollars ($10.00), Dana Ruiz, an unmarried person, of 418 Elm Street, Springfield ("Grantor"), quitclaims to Lee Ruiz, of 72 Oak Avenue, Riverton ("Grantee"), all of the Grantor's right, title and interest in the following property in Example County, [State]:

Lot 14 of the Blackacre Addition, as shown on the map recorded in Book 103, Page 201.

Signed on March 3, 2026.
__________________________
Dana Ruiz, Grantor

Acknowledgment. State of [State], County of Example. On March 3, 2026, Dana Ruiz appeared before me and acknowledged signing this deed as a free act.
__________________________
Notary Public. My commission expires: __________

The wording of the transfer clause comes from the statutes of the place where the property lies. Tennessee's short form reads "I hereby quitclaim to A. B. all my interest in the following land" (Tenn. Code Ann. § 66-5-103(2)). Arizona's reads "I hereby quit claim to A.B. all my interest in the following real property" (Ariz. Rev. Stat. § 33-402).

How to Fill Out a Quitclaim Deed

To fill out the form, enter the grantee's details, complete the main body, add the legal description of the property, and prepare the signature block, in that 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.

  1. Grantee details. At the top of the form, write the name of each grantee, meaning each new owner. Add each grantee's mailing address, including the zip code and state.
  2. Main body. Start with the name of the document, for example "[name of the state] quitclaim deed." Then complete these items:
    • The assessor's parcel number (APN), which is often on the current deed or the property tax bill
    • The box for any transfer tax exemption, if one applies to your transfer
    • The price. For a gift between relatives, many forms use a nominal amount or say that it is a gift. Oregon and Kentucky set their own rules here: Oregon requires the true and actual consideration paid for the transfer, stated in dollars, on the face of the deed (Or. Rev. Stat. § 93.030(2)), and for a transfer by gift or with nominal or no consideration Kentucky requires a sworn, notarized certificate signed by the grantor or an agent and the grantee or an agent, stating that the transfer is by gift and setting forth the property's estimated fair cash value (Ky. Rev. Stat. § 382.135).
    • The name of each grantor, their marital status, and their mailing address
    • The state and county where the property is located
  3. Property description. Enter the legal description of the property, such as the lot and map numbers. The county or city assessor's office can provide it, and it also appears on the current deed. For example, "Lot 14 of the Blackacre Addition, as shown on the map recorded in Book 103, Page 201."
  4. Signatures. On the last page, print the names and addresses of the grantor and the grantee. If your state asks for witnesses, print their names on the form in advance. If the deed will be notarized, the form needs a notary acknowledgment section.

Some statutes name details that the deed itself carries. The table lists examples from our sources, not every such rule, with the section behind each row.

JurisdictionWhat the deed showsCitation
ConnecticutThe current mailing address of the granteeConn. Gen. Stat. § 47-5
DelawareThe grantee's address, placed on or attached to the deed by the person who leaves it for record25 Del. C. § 133
FloridaThe legal description of the property, legibly printed, typewritten or stampedFla. Stat. § 689.025
HawaiiOn the first page, if possible: all grantor names, all grantee names and addresses, the type of document and the tax map key numberHaw. Rev. Stat. § 502-31
IdahoThe grantee's name and complete mailing addressIdaho Code § 55-601
KentuckyThe full names and mailing addresses of the grantor and grantee, a statement of the full consideration, and the in-care-of address for the property tax bill of the year of transfer; the county clerk does not lodge for record a deed that lacks themKy. Rev. Stat. § 382.135
LouisianaWhen appropriate for the instrument, the marital status of each individual party, with the present spouse's full name or a declaration that the party is unmarried; leaving it out does not impair validityLa. Civ. Code art. 3352(A)(2)
MarylandThe names of the grantor and grantee, a description identifying the property with reasonable certainty, and the interest grantedMd. Code, Real Prop. § 4-101
MichiganThe address of each granteeMich. Comp. Laws § 565.201(1)(d)
MissouriWhether each individual who signs as grantor is married or unmarriedMo. Rev. Stat. § 442.130
NevadaThe grantee's mailing address, or with no grantee, that of the person asking for recordingNev. Rev. Stat. § 111.312(1)(a)
NevadaExcept as subsection 2 provides, the assessor's parcel number at the top left corner of the first page, if the county assessor assigned oneNev. Rev. Stat. § 111.312(1)(b)
New HampshireThe mailing address of the granteeN.H. Rev. Stat. Ann. § 477:3
New JerseyA reference to the lot and block number of the propertyN.J.S.A. 46:26A-3(b)
North DakotaTo be received for record, the grantee's post-office addressN.D. Cent. Code § 47-19-05
OregonThe true and actual consideration paid for the transfer, stated in dollars, on the face of the deed; a county clerk does not accept the deed for recording without itOr. Rev. Stat. § 93.030(2)
OregonThe land use statement the section sets out, in the body of the deed (owner's sale agreements and earnest money receipts excepted)Or. Rev. Stat. § 93.040(1)
South DakotaWhen the deed is presented for recording, the grantee gives the register of deeds a current mailing addressS.D. Codified Laws § 43-28-21
UtahFor a document executed after July 1, 2022, a legal description of the property, to be entitled to recordingUtah Code § 57-3-105
West VirginiaAt its conclusion, the name of the person who prepared it, for example "This instrument was prepared by (name)"; the county clerk does not record it otherwiseW. Va. Code § 39-1-2a(a)
WisconsinA parcel identification number for each parcel, only in a county that requires oneWis. Stat. § 59.43(2m)(a)5

Quitclaim Deed Signing Requirements by State

Signing rules differ from one jurisdiction to the next, and many apply only under a condition, so the table below gives each rule with its condition and its citation. Florida, for one, adds two subscribing witnesses (Fla. Stat. § 689.01). 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.

Each row gives the rule in the words and conditions of the statute cited beside it.

StateSigning ruleCitation
AlabamaSigned at the foot by the grantor or an agent with written authority; attested by one witness, or by two witnesses who can write if the grantor cannot write or has the name written by anotherAla. Code § 35-4-20
AlaskaA conveyance executed in Alaska is acknowledged before a person authorized to take acknowledgments or proved under AS 34.15.210 or 34.15.220AS 34.15.150(a)
ArizonaSigned by the grantor and acknowledged before an officer authorized to take acknowledgmentsAriz. Rev. Stat. § 33-401
ArkansasExecuted in the presence of two disinterested witnesses, or, failing that, acknowledged by the grantor in the presence of two such witnesses, who then sign the deedArk. Code Ann. § 18-12-104
CaliforniaBefore recording, the execution is acknowledged by the person who executed itCal. Gov. Code 27287
ConnecticutSigned by the grantor, attested by two witnesses with their own hands, and acknowledged by the grantor, an agent or a duly authorized personConn. Gen. Stat. § 47-5
DelawareAcknowledged or proved, with the acknowledgment or proof certified as the chapter provides25 Del. C. 151
District of ColumbiaThe Recorder of Deeds does not accept the deed unless the grantor executed and acknowledged it according to lawD.C. Code § 42-407
FloridaSigned in the presence of two subscribing witnesses; to be recorded, acknowledged by the signer, proved by a subscribing witness, or legalized or authenticated in a listed formFla. Stat. § 689.01; Fla. Stat. § 695.03
GeorgiaAn original document signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witnessO.C.G.A. § 44-5-30
HawaiiExcept as otherwise provided by law, an acknowledgment is attached to the deed to entitle it to be recordedHaw. Rev. Stat. § 502-41
IdahoBefore recording, unless otherwise expressly provided, the execution is acknowledged by the person who executed itIdaho Code 55-805
IndianaSigned, sealed and acknowledged by the grantorInd. Code § 32-21-1-15
IowaNot lawfully recorded unless first acknowledged or proved as chapter 9B prescribesIowa Code § 558.42
KansasA quitclaim in the statutory form, duly signed and acknowledged by the grantor, is a good and sufficient conveyance in quitclaimKan. Stat. Ann. § 58-2204
KentuckyAdmitted to record on the certificate of a Kentucky county clerk or any notary public that the grantor acknowledged the deed before that officer; on acknowledgment by the grantor before the proper clerk; or on proof by two subscribing witnesses, or by one who also proves the other's attestationKy. Rev. Stat. § 382.130(5); Ky. Rev. Stat. 382.130; Ky. Rev. Stat. § 382.130(2)
LouisianaA transfer of immovable property is made by authentic act (a writing executed before a notary public or other authorized officer in the presence of two witnesses, signed by each party, each witness and each notary) or by act under private signature; an oral transfer is valid between the parties only when the property has been delivered and the transferor recognizes the transfer on oathLa. Civ. Code art. 1839; La. Civ. Code art. 1833(A)
MaineBefore recording, acknowledged by the grantor or the grantor's attorney before a notary public in the State, or before an attorney at law admitted in the State, if within the State33 M.R.S. § 203
MarylandA deed with the parties, the property description and the interest granted is sufficient if executed, acknowledged and, where required, recordedMd. Code, Real Prop. § 4-101
MassachusettsNot recorded unless a certificate of acknowledgment or of proof of due execution is endorsed on or annexed to itM.G.L. c. 183, § 29
MichiganA quit claim in the statutory form, duly signed, sealed and acknowledged by the grantor, is a good and sufficient conveyance in quit claimMich. Comp. Laws § 565.152
MinnesotaTo be recorded, executed, acknowledged by the parties executing it, and the acknowledgment certifiedMinn. Stat. 507.24, subd. 1
MississippiExcept as Sections 89-5-101 to 89-5-113 provide, void as to creditors and later purchasers for value without notice unless acknowledged or proved and lodged with the chancery clerk of the proper countyMiss. Code Ann. § 89-5-3
MissouriSubscribed by the grantor or a lawful agent, and acknowledged or proved and certifiedMo. Rev. Stat. § 442.130
MontanaUnless the deed belongs to a class in 70-21-205 or 70-21-207, acknowledged or proved before it can be recordedMont. Code Ann. § 70-21-203
NebraskaA deed executed in Nebraska is signed by a grantor of lawful age and acknowledged or provedNeb. Rev. Stat. § 76-211
NevadaSigned by the person from whom the interest passes, or a lawful agent, and acknowledged or provedNRS 111.105
New HampshireSigned by the grantor and acknowledged before a justice, notary public or commissionerN.H. Rev. Stat. Ann. § 477:3
New JerseyFor recording, the deed bears a signature and is acknowledged or proved as title 46 providesN.J.S.A. 46:26A-3(a)(3)
New MexicoThe statutory quitclaim form ends with the acknowledgmentN.M. Stat. Ann. § 47-1-44
New YorkAcknowledged before delivery; if not, at least one witness attests execution and delivery; if neither, the deed does not take effect against a later purchaser or encumbrancer until acknowledgedN.Y. Real Prop. Law § 243
North DakotaTo be entitled to record, a deed executed by an individual is acknowledged by that personN.D.C.C. § 47-19-03
OhioAcknowledged by the grantor before a judge or clerk of a court of record in Ohio, a county auditor, county engineer, notary public or mayor, who certifies the acknowledgmentOhio Rev. Code Ann. § 5301.01
OklahomaNot received for record unless executed and acknowledged in substantial compliance with the chapterOkla. Stat. tit. 16, § 26
OregonA deed executed in Oregon is signed by the grantors and acknowledged before a Supreme Court judge, circuit judge, county judge, justice of the peace or notary public within the stateOr. Rev. Stat. § 93.410
Rhode IslandVoid unless in writing, duly signed, acknowledged, delivered, and recorded in the land evidence records of the town or city where the land liesR.I. Gen. Laws 34-11-1
South CarolinaExcept as otherwise provided by statute, acknowledged or proved before recording; the statutory release form carries the fee simple if executed in the presence of and signed by two or more credible witnessesS.C. Code Ann. 30-5-30; S.C. Code Ann. § 27-7-10
South DakotaBefore recording, unless a listed class or a court order applies, acknowledged by the signer; if not acknowledged, proved by a subscribing witnessS.D. Codified Laws 43-28-8; S.D. Codified Laws § 43-25-26
TennesseeNot good as to strangers unless acknowledged by the grantor or proved by two witnesses upon oath, and registeredTenn. Code Ann. § 66-5-106
TexasNot recorded unless signed and acknowledged or sworn to by the grantor before two or more credible subscribing witnesses, or acknowledged or sworn to before and certified by an authorized officerTex. Prop. Code § 12.001
UtahA certificate of acknowledgment, proof of execution or jurat signed by the officer entitles the deed to be recorded with the county recorderUtah Code § 57-3-101(1)
VermontSigned by the grantor, acknowledged before a notary public, and recorded at length in the town clerk's office27 V.S.A. § 341
VirginiaExcept when otherwise provided, recorded when acknowledged by the signer or proved by two witnesses, in court or before the clerkVa. Code Ann. § 55.1-600
WashingtonIn writing, signed by the grantor, and acknowledged before a person authorized to take acknowledgments of deedsRCW 64.04.020
West VirginiaFor recording, acknowledged by the signer or proved by two witnesses before the clerk of the county commissionW. Va. Code § 39-1-2
WisconsinOffered for record, the deed carries a form of authentication authorized by s. 706.06 or ch. 140Wis. Stat. § 706.05
WyomingAcknowledged by the parties executing it before any notarial officerWyo. Stat. Ann. § 34-1-113

Our sources hold no signing rule for Colorado, North Carolina or Pennsylvania, so ask the county deeds office there before you sign. Our acknowledgment form shows what that block contains.

Where to Record a Quitclaim Deed

The office that records the deed depends on where the property lies: in California it is the County Recorder of the county where the property is situated (Cal. Civ. Code § 1169), and in Alabama it is the office of the judge of probate (Ala. Code § 35-4-50).

StateRecording officeCitation
AlabamaOffice of the judge of probateAla. Code § 35-4-50
AlaskaOnly the recording district where the land liesAS 40.17.020(a)
CaliforniaCounty Recorder of the county where the property is situatedCal. Civ. Code § 1169
ConnecticutTown clerk, who records it at length within thirty days from the time it is left for recordConn. Gen. Stat. § 7-24(b)
DelawareRecorder's office for the county where the land, or any part of it, lies25 Del. C. § 154
FloridaClerk of the circuit court, as recorder for the countyFla. Stat. § 28.222(1)
IdahoCounty recorder of the county where the property is situatedIdaho Code § 55-808
IndianaRecorder's office in the county where the land is locatedInd. Code § 32-21-4-1(b)
KentuckyCounty clerk's office of the county where the property, or the greater part of it, is locatedKy. Rev. Stat. § 382.110(1)
LouisianaConveyance records of the parishLa. Civ. Code art. 3346(A)
MississippiClerk of the chancery court of the proper countyMiss. Code Ann. § 89-5-3
MontanaCounty clerk of the county where the property is situatedMont. Code Ann. § 70-21-208
NevadaTo be notice to third persons, the recorder of the county where the property is situatedNev. Rev. Stat. § 111.315
New HampshireRegistry of deeds for the county or counties where the land liesN.H. Rev. Stat. Ann. § 477:3-a
New JerseyCounty recording officer of the county where the property is locatedN.J.S.A. 46:26A-6(a)
New YorkMay be recorded with the clerk of the county where the property is situatedN.Y. Real Prop. Law § 291
North DakotaRecorder of the county where the property is situatedN.D.C.C. § 47-19-07
OregonCounty clerkOr. Rev. Stat. § 205.130(2)(a)
Rhode IslandLand evidence records of the town or city where the land liesR.I. Gen. Laws 34-11-1
VermontTown clerk's office of the town where the land lies27 V.S.A. § 341
WisconsinRegister of deeds of each countyWis. Stat. § 706.05(1)
WyomingCounty clerk of the county where the land liesWyo. Stat. Ann. § 34-1-118

Recording puts the transfer on the public record. In many states an unrecorded deed can lose out to a later buyer who records first. In Virginia, for example, an unrecorded deed is void as to purchasers for value without notice who are not parties to it, and as to lien creditors, until it is recorded in the county or city where the property lies (Va. Code Ann. § 55.1-407(A)).

How to Transfer Property with a Quitclaim Deed

A quitclaim transfer follows a plain order: the parties agree on the terms, collect the property details, sign the deed, and then take it to the office that keeps deeds where the land lies, as the table above lists. Each part has its own heading below.

Agree on the price or gift

step 1 negotiate the price how to transfer ownership with a quitclaim deed

Agree on any payment before you prepare the deed, or agree that the transfer is a gift, because the deed names what the grantee gives in return. Many deeds name a price, while gifts between relatives are often described as a gift or a nominal amount instead, except where a statute sets the wording, as in Oregon and Kentucky (Or. Rev. Stat. § 93.030(2); Ky. Rev. Stat. § 382.135; see the steps above). An attorney can confirm how to word it.

A real estate agent is usually not needed for this kind of transfer.

Gather the needed information

step 2 obtain needed information how to transfer ownership with a quitclaim deed

Gather the names, addresses, price and legal description before you fill in the form, since each of them appears on the deed:

  • The full names of the grantor and the grantee
  • The mailing addresses of both parties
  • The agreed price, if any
  • The legal description of the property, which appears on the current deed

The current deed also carries a book and page number or an instrument number. The office that keeps deeds uses that reference to find the deed again.

Sign the deed

step 3 authorize the document how to transfer ownership with a quitclaim deed

Once the form is complete, the grantor signs it. Before signing, read the row of the signing table above for the place where the property lies: it gives the rule, its condition and the statute for each jurisdiction in our sources.

Record the deed at the recording office

step 4 record the deed at the recording office how to transfer ownership with a quitclaim deed

As the last stage, take the signed deed to the recording office where the land lies and pay the recording fee: the county office in most states, but the town clerk in Connecticut and Vermont, the land evidence records of the town or city in Rhode Island, the parish conveyance records in Louisiana and the recording district in Alaska (Conn. Gen. Stat. § 47-10; 27 V.S.A. § 341; R.I. Gen. Laws § 34-11-1; La. Civ. Code art. 3346(A); AS 40.17.020(a)). Fees and accepted payment methods vary by office, so check them before you go.

The recorder typically asks for the following:

  • The signed and acknowledged deed
  • Payment of the recording fee
  • Any extra forms the office uses, such as a transfer tax statement, where they apply
  • A return mailing address for the recorded deed

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.

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Quitclaim Deed vs. Warranty Deed

A warranty deed carries the grantor's promises that the title is good, while a quitclaim deed usually carries none and passes only whatever interest the grantor holds, if any. That gap drives the differences in the table. The exceptions are the statutory quitclaim forms with limited covenants: in Massachusetts and New Hampshire the grantor covenants against encumbrances the grantor made and to defend against claims by, through or under the grantor (M.G.L. c. 183, § 11; N.H. Rev. Stat. Ann. § 477:28), Rhode Island's form grants "with quitclaim covenants", followed by the description and the encumbrances, if any (R.I. Gen. Laws § 34-11-12). Maine's "Quitclaim Deed With Covenant" has the grantor warrant and forever defend the premises only against the lawful claims and demands of all persons claiming by, through or under the grantor (33 M.R.S. § 765).

PointQuitclaim deedWarranty deed
Promises about the titleNone, except the limited covenants of the Massachusetts, New Hampshire, Rhode Island and Maine statutory forms (M.G.L. c. 183, § 11; N.H. Rev. Stat. Ann. § 477:28; R.I. Gen. Laws § 34-11-12; 33 M.R.S. § 765)The grantor promises the title is clear, for example that no unknown liens or claims exist
What passesWhatever interest the grantor has, if anyThe interest the grantor promises to hold
Detail on the formLess, and simpler to draftMore detail about the property and the promises made
If the title turns out weakThe grantee usually has no warranty to rely onThe grantee can rely on the grantor's promises
Typical useFamily transfers, divorces, trusts, title fixesSales to buyers who want protection

A special warranty deed sits between them and limits the promises to the time the grantor owned the property. Some statutes imply no promises at all: Oregon implies no covenant in any conveyance of real estate, whether it contains special covenants or not, except as provided by ORS 93.850 to 93.870 (Or. Rev. Stat. § 93.140).

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. For a sale to a stranger, a general warranty deed is the usual choice.

Except under the limited covenants above, a quitclaim deed carries no warranty of title. The grantee receives whatever interest the grantor has, which can be less than expected or none at all. Consider a title search before you accept one.

When to Use a Quitclaim Deed

Use a quitclaim deed when the parties already trust each other or the goal is to fix the title instead of making a sale, such as a family transfer, a divorce, a title correction, a move into a living trust or the release of a claim.

Property transfers between family members

Family members use this deed to move property between them because their trust in each other makes the missing 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.

Property transfers between divorcing spouses

When a couple divorces and a spouse keeps 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.

Title error corrections

A quitclaim deed can help fix some mistakes in the property records. Common examples include:

  • A misspelled name
  • A missing or wrong owner name
  • A spouse who should be added or removed after a marriage or divorce

Have the deed notarized, as you would for any deed you plan to record.

Transferring property into a living trust

Many people use the deed to move their home into their own living trust, and 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.

Releasing a lien or other interest

In Connecticut, a "Quitclaim Deed" may be used as a release of a mortgage, attachment, judgment lien or any other interest in real property (Conn. Gen. Stat. § 47-36f). The holder of the claim signs as the grantor and gives it up to the owner.

Frequently Asked Questions

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.

Can I do a quitclaim deed myself?

Yes, you can fill out the deed yourself with a form like ours, and the grantor then signs it and takes it to the office that keeps deeds where the land lies, which the table above names. A deed you prepare yourself follows the same signing rules as any other, so check the signing table above for your jurisdiction. Before you sign, it is wise to have an attorney or a title company review it.

Does the grantee have to sign a quitclaim deed?

The grantee often does not need to sign the deed, but local rules vary. West Virginia is one example: its county clerk does not admit to record a quitclaim deed without consideration, or a deed for property worth $100 or less on which no transfer excise tax is paid, unless the grantee signs it and acknowledges it or two witnesses prove it before the clerk; transfer on death deeds and the listed family transfers are excepted (W. Va. Code § 39-1-2(b)(2)).

Is a quitclaim deed valid if it is not recorded?

Between the parties, it can be: Alaska treats an unrecorded conveyance as valid between the parties and against anyone with actual notice of it (AS 40.17.080(b)). Against others it can fail, as in Colorado, where an unrecorded deed is not valid against a person with rights in the property who records first (Colo. Rev. Stat. § 38-35-109(1)). Once recorded with the county clerk and recorder, a Colorado deed is notice to all persons, whether acknowledged, unacknowledged or defectively acknowledged (Colo. Rev. Stat. 38-35-106(1)). In Maryland and Rhode Island recording is part of the conveyance itself: in Maryland, except as that section provides otherwise, no deed may pass or take effect unless it is executed and recorded (Md. Code, Real Prop. § 3-101), and in Rhode Island a conveyance is void unless signed, acknowledged, delivered and recorded (R.I. Gen. Laws 34-11-1).

Does a quitclaim deed pass property the grantor gets later?

Usually not: in Colorado a quitclaim deed passes no after-acquired title of the grantor (Colo. Rev. Stat. § 38-30-113). In Washington it does not extend to after-acquired title unless words are added expressing that intention (Wash. Rev. Code § 64.04.050). Mississippi differs: a quitclaim estops the grantor and the grantor's heirs from asserting a subsequently acquired adverse title to the lands conveyed (Miss. Code Ann. § 89-1-39).

Does a quitclaim deed take my name off the mortgage?

No, the deed changes who owns the property, not who owes the loan. Signing a deed does not usually remove a person from the mortgage loan, which is a separate contract with the lender. Ask the lender about a refinance or a release.

How does a quitclaim deed differ from a title?

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.

What title defects can I fix with a quitclaim deed?

A quitclaim deed can help clear some defects in the recorded title. Common examples include:

  • A misspelled name
  • Wording that does not meet state requirements
  • A missing signature from a spouse

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. 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.

General information, not legal or tax advice.

Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.