Quitclaim Deed: Everything You Need to Know Before You File

A quitclaim deed is one of the simplest legal tools for transferring property ownership, but it's also one of the most misunderstood. Whether you're adding a family member to a title, removing an ex-spouse, or fixing a clerical error, quitclaim deeds can be incredibly useful when used correctly (and risky when they’re not). This guide will walk you through everything you need to know, from how quitclaim deeds work to when to use them, how to file one, and what legal pitfalls to watch out for.

Click below to jump to any section:

• What Is a Quitclaim Deed?
• How Does a Quitclaim Deed Work?
• When Should You Use a Quitclaim Deed?
• Quitclaim Deed vs. Warranty Deed
• How to File a Quitclaim Deed
• Pros and Cons of Using a Quitclaim Deed
• Tax Implications and Legal Considerations
• FAQ: Quitclaim Deeds
• Final Thoughts: Is a Quitclaim Deed Right for You?

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What Is a Quitclaim Deed?

What is a quitclaim deed? It’s a legal document that allows one person to transfer whatever ownership interest they have in a piece of real estate to someone else, no promises, no guarantees. A quitclaim deed doesn’t confirm the title is clear or that the grantor even fully owns the property. It simply passes along any rights they may hold. Because of that, quitclaim deeds are typically used in situations where there’s already trust, like between family members or during a divorce.

The person giving up their interest is called the grantor, and the person receiving it is the grantee. These deeds are commonly used between family members, during divorces, or when cleaning up title issues after someone passes away. For example, if a parent wants to transfer their share of a property to their child, they might use a quitclaim deed to make it happen quickly without going through a traditional sale.

Keep in mind, transferring property with a quitclaim deed doesn’t guarantee that there aren’t any liens, disputes, or title problems. You’re essentially accepting the property “as-is” from the person signing it over. That’s why these are best used when both sides fully understand what’s being transferred and what isn’t.

How Does a Quitclaim Deed Work?

Let’s break down how a quitclaim deed works. At its core, it’s a fast way to transfer real estate interest, but it doesn’t come with guarantees. The person signing over the property (the grantor) is simply handing off whatever interest they have—no promises about a clear title or full ownership. That’s why quitclaim deeds are usually used between people who already trust each other. Here’s how the quitclaim deed process typically goes:

1. Grantor Prepares the Deed: The person giving up their interest (the grantor) starts by completing a quitclaim deed form, listing the property description, their name, the grantee’s name, and the transfer details.
2. Sign in Front of a Notary: The grantor must sign the quitclaim deed in the presence of a licensed notary public to verify the transfer is intentional and legal.
3. Deliver the Deed to the Grantee: After notarization, the grantor delivers the signed deed to the grantee. This shows that the transfer of ownership interest is complete.
4. Grantee Accepts the Transfer: The grantee must accept the deed to make the transfer valid. No money needs to be exchanged for the deed to be effective.
5. File with the County Recorder’s Office: To make it official, the grantee (or sometimes the grantor) must record the deed with the local county recorder’s office where the property is located. This step provides public notice of the transfer.

This quitclaim deed process is most often used when trust already exists between parties—like family members or divorcing spouses—because there’s no guarantee of a clean title. Still, it’s a legally binding way to transfer interest when used properly and recorded correctly.

When Should You Use a Quitclaim Deed?

Wondering when to use a quitclaim deed? Think about who you're transferring the property to and whether you trust them. These deeds are typically used for transfers between individuals who already have a strong relationship, such as family members or former spouses, because they don’t offer any guarantees regarding the title.

Here are some of the most common quitclaim deed examples and real-world scenarios where this type of deed makes sense:

• Transferring Property to a Family Member: For example, a parent giving a house to their child or a sibling transferring inherited property.
• Removing an Ex-Spouse After Divorce: One spouse transfers their interest to the other to reflect divorce agreements.
• Adding a Spouse or Relative to the Title: Useful after marriage or when consolidating ownership among family members.
• Correcting Errors in a Previous Deed: Fixing a misspelled name, incorrect legal description, or other clerical issues.
• Moving Property into a Living Trust or LLC: Transfers for estate planning or business purposes.

Quitclaim Deed Use Cases: Safe vs. Risky

Not every situation is a good fit for a quitclaim deed. While these deeds can simplify transfers between trusted parties, they offer zero protection for buyers. Use the table below to see when a quitclaim deed makes sense—and when it could lead to costly mistakes.

Quitclaim Deed vs. Warranty Deed

Not all property deeds are created equal. If you're comparing a quitclaim deed vs. warranty deed, the biggest difference comes down to protection. A quitclaim deed passes along whatever interest the grantor has—no guarantees, no promises. A warranty deed, on the other hand, includes legal assurances that the title is clear and the grantor has full ownership. That’s why buyers usually go for warranty deeds in traditional sales, while quitclaim deeds are more common in low-risk transfers between people who already trust each other. Use the table below to break down the pros, cons, and key differences between these two types of property deeds.

In summary, use a warranty deed when you need buyer protection and legal guarantees, especially in retail property sales. Use a quitclaim deed only when you trust the other party and need a quick, no-fuss transfer of interest.

How to File a Quitclaim Deed

If you’re ready to file a quitclaim deed, good news — the process isn’t complicated. But every detail matters. One mistake could delay or even invalidate the transfer. Here's a step-by-step look at how to fill out and record a quitclaim deed form the right way:

1. Download the Correct Quitclaim Deed Form: Start by getting the proper template for your state. Forms can vary, so make sure it's up to date with your county's requirements.
2. Fill Out the Deed Completely: Enter the full legal names of the grantor (person giving up interest) and grantee (person receiving interest), the property's legal description, and the county and state where the property is located.
3. Get the Deed Notarized: Most states require a notary public to witness the grantor's signature. This helps prevent fraud and confirms the signer’s identity.
4. Submit the Deed to the County Recorder’s Office: Bring the original, signed, and notarized deed to the county recorder or clerk’s office where the property is located. Some counties allow online submission.
5. Pay the Recording Fees: Fees vary by state and county, but they’re typically between $10–$100. Some jurisdictions may also require transfer tax documentation.
6. Request a Copy for Your Records: After filing, make sure to get a certified copy of the recorded deed. This is your proof of the completed transfer of interest.

Filing a quitclaim deed is usually straightforward, but requirements vary by location. Always check with your local county recorder’s office for the most accurate instructions.

Pros and Cons of Using a Quitclaim Deed

Before you use one, it’s important to weigh the pros and cons of a quitclaim deed. This type of transfer can be quick and inexpensive, but it doesn’t offer much protection if trust isn’t already there. Below is a breakdown of the benefits and risks so you can decide if a quitclaim deed fits your situation:

Bottom line: Quitclaim deeds can be a powerful tool when used correctly, but they’re not right for every situation. Always be cautious when transferring property without title insurance or legal counsel, especially if the transfer isn’t between trusted parties.

Tax Implications and Legal Considerations

Using a quitclaim deed might feel like a quick fix, but don’t overlook the tax and legal strings that can come with it. This kind of deed transfers interest, not responsibility, which means things like mortgages or liens could still follow you. Before you file anything, here are some key legal and tax factors to keep in mind:

• Gift Tax: If you give property to someone without receiving full market value in return, the IRS may treat it as a gift. If the value exceeds the annual exemption limit, you may owe gift tax on a quitclaim deed transfer.
• Capital Gains Tax: The recipient of a quitclaim deed may still owe capital gains tax if they later sell the property for a profit, depending on the original purchase price and their cost basis.
• Mortgage Liability: A quitclaim deed does not remove the grantor’s name from the mortgage. The grantor may still be legally responsible for the loan, even after giving up ownership interest.
• Unpaid Liens: Any existing liens, judgments, or unpaid property taxes stay with the property, even if it’s been quitclaimed to someone else.
• State-Specific Rules: Some states treat quitclaim deeds differently in probate, tax assessments, or marital property disputes. Always check local laws before filing.

Common Tax Questions About Quitclaim Deeds

• Will I owe taxes if I give someone property with a quitclaim deed? Possibly. If the property is worth more than the IRS gift tax exemption ($18,000 for 2024), you may need to file a gift tax return.
• Do quitclaim deed transfers affect property taxes? They can. Your local tax authority may reassess the property value, which could impact your annual tax bill.
• What if the property has a mortgage? You’re still liable for it unless the lender formally removes you through a refinance or release of liability.
• Does the grantee owe capital gains if they sell later? Yes—capital gains tax is based on the original owner’s cost basis unless the grantee pays fair market value at the time of transfer.

FAQ: Quitclaim Deeds

Still have questions about how quitclaim deeds work? This FAQ covers the most common concerns (legal, financial, and practical) to help you avoid costly mistakes and understand your options.

What’s the difference between a quitclaim deed and a warranty deed?

A quitclaim deed transfers ownership interest without any guarantees, while a warranty deed provides legal protection and confirms a clear title. Most homebuyers prefer warranty deeds for traditional real estate sales.

Can a quitclaim deed transfer full ownership?

Not necessarily. A quitclaim deed only transfers the grantor's interest in the property, which may be partial or uncertain. It does not guarantee full ownership or a clear title.

Do quitclaim deeds need to be notarized or recorded?

Yes. In nearly every state, the deed must be notarized to be valid, and recording it with the county ensures public notice and legal enforceability.

Can I use a quitclaim deed to remove someone from a title?

Yes, quitclaim deeds are commonly used to remove an ex-spouse, family member, or business partner from a title after divorce or ownership changes.

Does a quitclaim deed affect the mortgage?

No. A quitclaim deed does not change who is responsible for the mortgage. The original borrower remains liable unless the loan is refinanced or formally modified by the lender.

Is a quitclaim deed valid without the grantee's signature?

Yes. Most states do not require the grantee’s signature on the deed for it to be valid—only the grantor’s signature and notarization are typically required.

Can you revoke a quitclaim deed?

Once a quitclaim deed is signed, notarized, delivered, and recorded, it is legally binding. Reversing it usually requires a new deed or a court order.

Final Thoughts: Is a Quitclaim Deed Right for You?

To wrap up this quitclaim deed summary, remember that this type of deed can be a fast and affordable way to transfer real estate, but only in the right context. A quitclaim deed offers no title protection, which means it’s best used in trusted relationships, like transfers between family members or after divorce.

Whether you’re correcting a title error, gifting a home, or managing estate planning, understanding when to use a quitclaim deed can help you avoid legal headaches and protect your property rights.

If you’re serious about doing your first real estate deal, don’t waste time guessing what works. Our FREE Training walks you through how to consistently find deals, flip houses, and build passive income—without expensive marketing or trial and error.

This FREE Training gives you the same system our students use to start fast and scale smart. Watch it today—so you can stop wondering and start closing.

*Disclosure: Real Estate Skills is not a law firm, and the information contained here does not constitute legal advice. You should consult with an attorney before making any legal conclusions. The information presented here is educational in nature. All investments involve risks, and the past performance of an investment, industry, sector, and/or market does not guarantee future returns or results. Investors are responsible for any investment decision they make. Such decisions should be based on an evaluation of their financial situation, investment objectives, risk tolerance, and liquidity needs.