A quitclaim deed transfers whatever ownership interest a person has in real estate to someone else. If the signer owns the property, their interest passes to the recipient. If they own nothing, the deed transfers nothing.
So what is a quitclaim deed used for? Mostly family transfers, divorce, estate planning and clearing up title. Unlike a warranty deed, it doesn't promise clear title, and it doesn't remove anyone from a mortgage.
Quitclaim Deed Basics
| Feature |
What to Know |
| Definition |
A deed transferring whatever property interest the grantor holds, if any, without warranties of title |
| Grantor |
The person or entity transferring the interest |
| Grantee |
The person or entity receiving the interest |
| Title Warranties |
None |
| Common Uses |
Family transfers, divorce-related changes, transfers to trusts and title corrections |
| Mortgage Impact |
Does not remove an existing borrower from the note |
| Filing |
Recorded in local land records |
| Main Risk |
No assurance that the grantor owns the property or has clear title |
How Does a Quitclaim Deed Work?
The grantor conveys their existing interest to the grantee, with no warranties. (See grantor vs. grantee in real estate for the two roles.)
Say two siblings each own half of a house. One signs a quitclaim deed transferring their 50% interest to the other, who becomes sole owner. But the deed doesn't guarantee the first sibling actually held a valid 50% interest.
The Legal Information Institute's definition of a quitclaim deed puts it simply: it conveys an interest without warranting that title is good.
What Does a Quitclaim Deed Transfer?
Whatever interest the grantor holds at signing: full ownership, a fractional share or another transferable interest. If you own 25% of a property, you can't quitclaim the other owners' 75%.
Does a Quitclaim Deed Guarantee Ownership?
No. A deed can be validly signed and still convey nothing, because someone with no interest can't create one by signing or recording.
When Is a Quitclaim Deed Used?
Quitclaim deeds fit transfers that aren't ordinary arm's-length sales.
Transferring Property After Divorce
A divorce settlement often requires one spouse to deed their interest in the home to the other. A quitclaim deed handles that.
It doesn't touch the loan. If both spouses signed the note, both stay liable, and the divorce decree doesn't change that. Refinancing a mortgage after divorce lets the spouse keeping the home replace the joint loan.
Adding a Spouse to a Property Deed
If you bought a home before marriage, a deed can make your spouse a co-owner.
Adding a name doesn't automatically create right of survivorship. The deed's wording decides whether you hold title as joint tenants or tenants in common; see tenants in common vs. joint tenancy. The transfer can also affect marital rights, taxes and the mortgage.
Transferring Property Between Family Members
A parent can quitclaim property to an adult child, often for no money. Under IRS rules, a transfer for less than full value is a gift, which can trigger gift tax reporting and affect future capital gains.
For financed family sales, see buying a house from a family member.
Transferring Property Into a Trust
Some estate plans use a quitclaim deed to move property to a trustee.
Federal law bars lenders from calling the loan over a transfer into a living trust if the borrower remains a beneficiary and occupancy rights don't transfer. You stay personally liable on the mortgage.
Correcting Certain Title Issues
Someone with a possible claim to a property can quitclaim it away to clear the title. That won't cure fraud, forged signatures or a bad legal description, which can take a corrective instrument or a court case.
Quitclaim Deed vs. Warranty Deed
A quitclaim deed has no title warranties. A warranty deed makes specific legal promises about the interest conveyed.
| Feature |
Quitclaim Deed |
Warranty Deed |
| Transfers Interest |
To the extent the grantor owns it |
Yes, subject to the deed's terms |
| Promises Valid Ownership |
No |
Applicable title covenants |
| Title Defect Protection |
No deed-based warranty remedy |
Potential remedy for breach of warranties |
| Common Uses |
Some family transfers and title changes |
Real estate purchases with agreed title warranties |
| Releases Mortgage Debt |
No |
No |
Is a Quitclaim Deed Safe for Buying a House?
It's a valid transfer with little buyer protection. Pay $300,000 for a house on a quitclaim deed, and you have no warranties to enforce if the seller lacked title.
A title search and owner's title insurance cover some of that risk. Your lender will also set title requirements.
Does a Quitclaim Deed Remove Someone From a Mortgage?
No. The deed changes ownership; the promissory note sets who owes the debt.
If two spouses signed the note and one quitclaims to the other, both still owe the loan. If payments stop, the lender can pursue both.
How Do You Remove Someone From a Mortgage?
Pay off the loan, refinance into the remaining borrower's name or complete a lender-approved assumption with a release of liability.
Not every loan is assumable, and the remaining borrower must qualify. See how to assume a mortgage.
Can You Quitclaim a House That Still Has a Mortgage?
Yes, but it can trigger the due-on-sale clause, which lets the lender demand full payment after an unapproved transfer.
The Garn-St Germain Act blocks that for homes with fewer than five units when the transfer makes the borrower's spouse or children owners. It also covers transfers to a spouse under a divorce decree or settlement, and certain living-trust transfers. See 12 U.S.C. Section 1701j-3.
These exceptions stop the lender from calling the loan. They don't release anyone from the note.
How to File a Quitclaim Deed
Here's how to file a quitclaim deed in six steps. Rules vary by state and county, so check with your local recorder first.
1. Confirm the Existing Ownership
Pull the current recorded deed to see what the grantor can transfer. One co-owner can't convey the others' rights.
2. Prepare the Quitclaim Deed
Include accurate names, conveyance language and the full legal description, not just the street address.
Some states provide statutory forms. Ohio Revised Code Section 5302.11 sets out a quitclaim form that transfers the grantor's interest without title covenants.
3. Sign and Acknowledge the Deed
Many states require acknowledgment before a notary, and some add witnesses. Ohio Revised Code Section 5301.01 covers Ohio's rules.
In California, the Sacramento County Recorder requires a notarized grantor signature to record a transfer deed.
4. Complete Required Transfer Forms
Many transfers need conveyance statements, tax exemption claims or transfer tax filings. California requires a Preliminary Change of Ownership Report (Form BOE-502-A); Sacramento County adds a $20 fee if it's missing.
5. Deliver and Record the Deed
Deliver the deed to the grantee, then record it with the county land records office.
Recording gives public notice and protects against some competing claims, but it doesn't prove the grantor had title. See deed vs. title.
6. Verify the Records
Confirm the deed was recorded correctly. Then update your servicer, tax, insurance and HOA records.
How Much Does a Quitclaim Deed Cost?
There's no national price. Typical costs include:
- Deed preparation.
- Notarial services.
- Recording fees.
- Transfer taxes or conveyance fees, when applicable.
- Legal assistance.
- Additional title work, when necessary.
A simple family transfer is cheap. Disputed title or liens cost more.
Does a Quitclaim Deed Affect Taxes?
Yes, even when no money changes hands.
Gift Tax Considerations
Giving property below fair market value is a gift for federal tax purposes. The donor may need to file IRS Form 709, but filing doesn't mean tax is owed.
Capital Gains and Cost Basis
Gifted property can have a different basis than inherited property. Gift basis starts from the donor's adjusted basis, with special rules if the property is worth less. IRS Publication 551 explains them.
Property Tax Reassessment
Some jurisdictions reassess property or change exemptions after a transfer. Check your local rules.
Does a Quitclaim Deed Avoid Probate?
Not by itself. A completed lifetime transfer removes the interest from the grantor's estate, but it isn't a transfer-on-death arrangement.
Survivorship ownership, transfer-on-death deeds and trusts are the usual probate tools, where state law allows. A lifetime gift also carries immediate tax and creditor consequences.
What Are the Risks of a Quitclaim Deed?
The Grantor Might Not Own the Property
If the grantor owns nothing, the recipient gets nothing.
Existing Liens Can Remain
Mortgages, tax liens, judgments, easements and restrictions survive the deed.
The Transfer May Affect the Mortgage
Some transfers trigger a due-on-sale clause. Even protected transfers leave the original borrower liable.
The Recipient May Face Title Disputes
With no warranties, the recipient can't sue the grantor for breaching promises never made.
A Completed Transfer May Be Difficult to Reverse
The grantor can't cancel a valid transfer alone.
Can You Sell a House With a Quitclaim Deed?
Yes, but buyers and lenders often want more title protection. A cash buyer might accept the risk; a financed buyer must satisfy the lender.
Does a Quitclaim Deed Replace Title Insurance?
No. Title insurance covers defined title defects, while a quitclaim deed promises nothing. The CFPB explains owner's title insurance.
Can a Quitclaim Deed Be Reversed or Canceled?
A court can void a deed for fraud, mistake or lack of capacity. Otherwise, the new owner has to deed it back.
A parent who gifts a home to an adult child can't undo it by filing a notice later.
What If the Quitclaim Deed Contains an Error?
Many errors can be fixed with a corrective deed. Others need a court or the other owners' signatures.
The Bottom Line
A quitclaim deed transfers whatever interest the grantor has, with no guarantee of title. It works for family transfers, divorce, trusts and title cleanup, but it doesn't clear liens or mortgage liability. Check financing, tax and state rules before you sign.
Frequently Asked Questions
What Is a Quitclaim Deed?
A deed transferring whatever interest the grantor has, without title warranties.
Is It Quitclaim Deed or Quick Claim Deed?
Quitclaim deed. “Quick claim” is a common misspelling.
How Does a Quitclaim Deed Work?
It passes the grantor's interest to the grantee without promising good title.
How Is a Quitclaim Deed Different From a Warranty Deed?
A warranty deed promises good title. A quitclaim deed doesn't.
Does a Quitclaim Deed Give You Ownership?
Only if the grantor owns a transferable interest.
Does a Quitclaim Deed Remove Someone From a Mortgage?
No. Only payoff, refinance or a lender release does.
Can You Quitclaim a House With a Mortgage?
Yes, but watch the due-on-sale clause. The original borrower stays liable.
Can a Quitclaim Deed Be Used During Divorce?
Yes, to transfer ownership, but not to remove mortgage liability.
Can You Add a Spouse With a Quitclaim Deed?
Yes, if the deed meets state law and states the ownership type.
Does a Quitclaim Deed Avoid Probate?
Not by itself.
Does a Quitclaim Deed Have to Be Notarized?
Many states require notarization to record it.
Where Do You File a Quitclaim Deed?
With the county recorder or register of deeds.
How Much Does a Quitclaim Deed Cost?
It varies: preparation, notary, recording, transfer tax and legal fees.
Can a Quitclaim Deed Be Reversed?
Not by the grantor alone. It takes a new deed or a court order.
Can You Sell Property After Receiving a Quitclaim Deed?
Yes, if you hold a valid interest. Title problems or liens can still affect the sale.
Does a Quitclaim Deed Mean a House Is Free and Clear?
No. Liens and other interests can remain.
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