Use our Quitclaim Deed to release your rights and ownership claims over property you’re selling or gifting.
Updated August 19, 2024
Written by Jana Freer | Reviewed by Susan Chai, Esq.
A Quitclaim Deed is a legally binding document used to efficiently transfer property (real estate) from one person (or entity) to another person (or entity).
As a result of the risk of no title assurances, quitclaim deeds are usually only used in Real Estate when transferring property between two people who trust one another, such as family members, or to correct a mistake with the owner’s title to the property (cure a title defect).
You should look at a warranty deed if you want guarantees of clear title to the property and know that the owner has the legal right to sell the property.
A quitclaim deed form ( or quitclaim ) is a legal real estate document for the grantor (owner/seller) to transfer ownership rights of a piece of real property to the grantee (purchaser).
With a quitclaim deed, the grantor (person transferring the property) transfers whatever rights and legal interest they have in the property. The grantor is only promising to give up their rights.
There are no warranties as to the quality of the real estate title.
This means grantees (persons receiving the property) aren’t fully protected with transfers. They won’t get full ownership if there is an outstanding lien or other legal claims against the property.
The new owner may not record and prove their property ownership without this document.
A quitclaim deed aims to quickly and easily transfer property ownership from one party to another.
Although this document provides no promises regarding ownership or title to the property, many states have an implied good faith presumption that the grantor is unaware of any other owners or conflicts.
Additionally, some states have an implied good faith assumption that the grantor is free to transfer ownership and title.
Keep in mind that the document allows the ownership transfer of a property only . Therefore, if the grantor has a real estate mortgage on the property, they’re still responsible and liable for that mortgage.
Property owners mostly use quitclaim deeds for intra-family transfers , estate planning, or to cure a title defect .
Here are some examples:
Real property owners often use a quitclaim deed as a complementary document to a divorce or separation agreement .
A quitclaim deed form conveys title and whatever ownership the grantor has in the property. Here are the different types of ownership it might mean:
Unlike quitclaim deeds, some deeds offer protection and warranties for the grantee. The most common types are special warranty and general warranty deeds. In both cases, the grantor owns the property rightfully and has the legal right to transfer property title and warrant against certain title defects .
Using a Quitclaim Deed:
Example: Sarah and her brother Tom inherited a piece of property from their late father. To simplify ownership, Sarah decides to transfer her interest in the property to Tom. Since they are family members and there is a high level of trust, they use a quitclaim deed. This type of deed allows Sarah to transfer her interest quickly and without the need for a title search or warranties. However, it does not guarantee that Sarah actually owns the property outright or that there are no other claims against it.
Using a Warranty Deed:
Example: In contrast, consider a situation where Jane is purchasing a home from a seller she doesn’t know personally. To protect her investment, Jane insists on a warranty deed. This deed provides a guarantee from the seller that the property’s title is clear of any liens or claims and that the seller has the legal right to transfer ownership. If any issues arise with the title after the sale, Jane can seek legal recourse against the seller because of the warranties provided.
Here is a table comparing the three most common types of property deed transfer forms:
| Quitclaim Deed | Special Warranty Deed | General Warranty Deed | |
|---|---|---|---|
| Warranties | NO warranties as to the quality of title | Warrants against ONLY those defects caused by the current grantor | Warrants against ALL defects, even those not caused by the current grantor |
| Period Covered | None | Only when the current grantor owned the property | The property’s entire history |
| Most Common Use | When little to no money is exchanged - estate plans, divorce, fixing title defects | When money is exchanged - trusts, fiduciaries, tax sales, commercial real estate sales | When money is exchanged - purchasing a home, obtaining a mortgage |
Review all the different types of deeds in detail to ensure you have selected the right one for your real estate transfer or sale.
A simple quitclaim deed should identify the following essential elements:
In addition to the above basic provisions, here are some additional terms you may want to include if they apply to your property:
Certain words on a quitclaim deed form may inadvertently create warranties. Before signing, check your state’s laws and regulations regarding what these words mean.
You should file the quitclaim deed with your local county recorder’s office (see table below) to create an official public record of the transfer of ownership, give public notice, and prioritize the grantee’s claim of ownership.
While filing with the local county recorder or clerk does not guarantee a perfect title, it does create a public record of your claim to ownership.
| State | Signing Requirements | Where to Record |
|---|---|---|
| Alabama | 2 Witnesses or Notary Public (§ 35-4-20) | County Probate Judge |
| Alaska | Notary Public (AS 34.15.150) | District Recorder's Office |
| Arizona | Notary Public (§ 33-401) | County Recorder's Office |
| Arkansas | 2 Disinterested Witnesses and Notary Public (§ 18-12-104) | Circuit Court |
| California | Notary Public (Section 27287) | County Recorder's Office |
| Colorado | Notary Public (§ 38-35-103) | County Recorder's Office |
| Connecticut | 2 Witnesses and Notary Public (§ 47-5) | Town Clerk's Office |
| Delaware | Notary Public (§ 122) | Kent County, New Castle County, or Sussex County |
| Florida | 2 Witnesses and Notary Public (§ 695.03) | County Recorder's Office |
| Georgia | 1 Witness and Notary Public (§ 48-4-44) | Clerk of the Superior Court |
| Hawaii | Notary Public (§ 502-41) | Hawaii Bureau of Conveyances |
| Idaho | Notary Public (§ 55-805) | County Recorder's Office |
| Illinois | Notary Public (§ 765 ILCS 5/20) | County Recorder's Office |
| Indiana | Notary Public (§ 32-21-2-3) | County Recorder's Office |
| Iowa | Notary Public (§ 558.31) | County Recorder's Office |
| Kansas | Notary Public (§ 58-2205) | County Recorder's Office |
| Kentucky | 2 Witnesses or Notary Public (KRS 382.130) | County Clerk's Office |
| Louisiana | 2 Witnesses and Notary Public (CC 1839) | Clerk of Court's Office |
| Maine | Notary Public (Title 33, § 203) | County Registry of Deeds |
| Maryland | Notary Public (§ 3-104) | Circuit Court Division of Land Records |
| Massachusetts | Notary Public (Chapter 183 §29) | County Registry of Deeds |
| Michigan | Notary Public (§ 565.201) | County Register of Deeds |
| Minnesota | Notary Public (§ 507.24) | County Recorder's Office |
| Mississippi | Notary Public (§ 89-3-7) | Clerk of the Chancery Clerk's Office |
| Missouri | Notary Public (County Recorder of Deeds | |
| Montana | Notary Public (MCA 70-21-203) | County Clerk and Recorder's Office |
| Nebraska | Notary Public (§ 76-211) | County Recorder's Office |
| Nevada | Notary Public (NRS 111.105) | County Recorder's Office |
| New Hampshire | Notary Public (§ 477:3) | County Register of Deeds |
| New Jersey | Notary Public (Section 46:4-1) | County Clerk's Office |
| New Mexico | Notary Public (§ 47-1-44 ) | County Clerk's Office |
| New York | Notary Public (Article 9 § 306) | County Clerk's Office |
| North Carolina | Notary Public (§ 47-38) | County Register of Deeds |
| North Dakota | Notary Public (§ 47-19-03) | County Recorder's Office |
| Ohio | Notary Public (§ 5301.01) | County Recorder's Office |
| Oklahoma | Notary Public (§ 16-26) | County Clerk's Office |
| Oregon | Notary Public (ORS § 93.410) | County Recorder's Office |
| Pennsylvania | Notary Public (21 P.S. § 42) | County Recorder's Office |
| Rhode Island | Notary Public (§ 34-11-1.1) | City or Town Office |
| South Carolina | 2 Witnesses or Notary Public (§ 30-5-30) | County Register of Deeds |
| South Dakota | 1 Witness or Notary Public (§ 43-25-26) | County Register of Deeds |
| Tennessee | 2 Witnesses or Notary Public (§ 66-22-101) | County Recorder's Office |
| Texas | 2 Witnesses or Notary Public (§ 11.002(c)) | County Clerk's Office |
| Utah | Notary Public (§ 57-3-101) | County Recorder's Office |
| Vermont | Notary Public (27 V.S.A. § 301) | County Clerk's Office |
| Virginia | 2 Witnesses and Notary Public (§ 55-106) | Circuit Court Clerk |
| Washington | Notary Public (§ 64.04.020) | County Recorder's Office |
| West Virginia | 2 Witnesses or Notary Public (§ 39-1-2) | County Clerk's Office |
| Wisconsin | Notary Public (§ 39-1-2) | County Register of Deeds |
| Wyoming | Notary Public (§ 34-26-107) | County Clerk's Office |
Any title search of the property after the recording will include your quitclaim deed. And any deed filed after your recording will be junior to your claim.
Check with your local county clerk regarding additional forms you might need to file, such as a Preliminary Change of Ownership or a Property Transfer form.
Also, ask about transfer taxes or fees associated with the transfer and filing.
Review our state-specific forms for more detailed information on filing a quitclaim deed in your state.
Before filling out your quitclaim deed form, write your state at the top of the document.
Legal Templates suggests you use a state-specific quitclaim deed form as a best practice.
1. Preparer. Provide the full name and address of the individual preparing or writing the quitclaim deed. The preparer may be the grantor, grantee, or a third party.
2. Recipient. Write the name and address of the person who should receive the recorded deed and tax statements after recording.
3. Effective Date. Fill in the full name of the grantor(s), the property’s current owner. Indicate if the grantor(s) is an individual (s) , a married couple, or an entity (i.e., corporation, LLC, partnership, or trust).
4. Grantor(s). Provide the mailing address for the grantor(s). If there is more than one grantor, provide just one mailing address to receive correspondence).
5. Grantee(s). Write the full name of the grantee(s) the individual or entity that will become the new owner. Indicate if the grantee(s) is an individual, multiple individuals, a married couple, or an entity (i.e., corporation, LLC, partnership, or trust).
6. Consideration. Enter the amount of money paid as consideration for the real estate transfer. If the property is transferred as a gift, you can specify a nominal amount, such as $10, as consideration.
7. County and State. Write the county and state where the property is located. Specify whether or not the property is in an unincorporated area.
8. Legal Description. A legal description is a geographical description commonly identified by a government survey, metes, bounds, or lot and block. You can find this description in the property’s deed or through the county assessor.
9. Ownership. Specify how the new owners will hold the property. We have included the most common forms of property ownership on our form.
10. Exceptions. State whether or not there are any exceptions to the property, such as an easement (reserve right to continue using a portion of land), covenant, reserve life estate, or mineral rights.
11. Homestead. Check whether or not the property is the grantor’s homestead. Generally, a homestead is a person’s primary residence.
12. Transfer Tax. Specify whether or not the property transfer is exempt from transfer tax. Refer to state or local laws, as many states provide various exemptions from transfer tax, such as transfers between parent and child. If not exempt, specify the transfer tax the grantor or grantee will pay for the transfer.
13. Witnesses. One or two witnesses must sign the deed depending on the property’s state. Check your local state law to see if any witnesses need to sign.
Remember, a quitclaim deed only transfers the interest an owner has in the real property, which could be nothing.
Property owners usually use quitclaim deed transfers between family members or trusted parties as they do not include warranties about the title.
Below, you can find a sample of what a quitclaim deed typically looks like:
If a quick, simple transfer of real property is all you need, you may be able to use a do-it-yourself quitclaim deed.
Our blank, printable quitclaim deed template allows an owner to transfer and quitclaim their right and title to real property to a new owner. It also provides for exceptions such as easements or life estates.
If you would rather have step-by-step guidance, use our document builder that walks you through creating a quitclaim deed unique to your situation. Our builder assists you through the document creation process in a simple way that makes sense and saves time.
Quitclaim deeds transfer ownership rights ‘ for all time ,’ but the parties to the deed have a period after execution in which either can challenge the deed’s validity.
After that time, a statute of limitations goes into effect, and the parties may no longer contest the deed.
Yes, quitclaim deeds need to be notarized to be considered executed. Additionally, some states require witness signatures
Quitclaim deeds do not relieve the grantor of tax obligations . Grantors who owe taxes during the period in which they owned the property legally must pay the tax before the execution of the deed.
Additionally, they must pay any tax liens on the property before they can transfer the title.
Some states have homestead requirements where a spouse cannot sell or transfer the homestead without the signature or acknowledgment of the other spouse.
In addition, spouses may have inheritance or dower and curtesy rights if the property is community property.
If only one spouse is the grantor and the one signing the quitclaim deed, the other spouse should sign an acknowledgment waiving and releasing any possible residual rights.
After the grantor transfers property ownership, the obligation to pay the property taxes falls to the grantee. The appropriate government entities will mail tax bills to the address on the deed.
Some states impose a real estate transfer tax on property transfers. The transfer tax is usually a small percentage of the consideration or purchase price.
However, most states provide various exemptions from the transfer tax, such as transfers between parents and children.
Other federal income, gift, or inheritance taxes may accompany a quitclaim deed transfer.
Consult a tax lawyer or certified public accountant, or research other legal services to learn more about using a quitclaim deed for your real estate goal.
You can find quitclaim deed forms online or at your local county recording office. With the right template, you can fill in the necessary information yourself.
No, a quitclaim deed does not expire, but it must be filed with the county clerk’s office to record the ownership transfer. If it is not recorded, it can create legal and financial challenges.
Filing the deed as soon as possible after the transfer is recommended because you obtain an official public record. This makes transferring the mortgage easier or avoids conflicts if another family member claims the property.
Create Your Quitclaim Deed in Minutes!
