Quitclaim Deed Forms & Complete Guide

The Complete Guide to Property Transfer Without Warranty

A quitclaim deed transfers property ownership without warranties, making it ideal for transfers between family members, divorce settlements, and adding names to title. Unlike warranty deeds that guarantee clear title, quitclaim deeds offer no buyer protection—use only with trusted parties. This fast, simple process typically costs $15-250 in recording fees and takes just 1-3 days to complete.

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Sample Quitclaim Deed Form

Sample Quitclaim Deed Form

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What is a Quitclaim Deed?

A quitclaim deed (also spelled "quit claim deed" or mistakenly called "quick claim deed") is a legal document used to transfer property ownership from one party (the grantor) to another (the grantee) without any warranties or guarantees about the property's title.

Key Point

Unlike warranty deeds, a quitclaim deed offers no protection to the buyer. The grantor only transfers whatever interest they have in the property, which could be nothing at all.

How Quitclaim Deeds Work

When you sign a quitclaim deed, you're essentially saying: "I'm giving you whatever interest I have in this property, but I'm not guaranteeing that I actually own it or that the title is clear."

This makes quitclaim deeds:

  • Fast and simple - No title search or insurance required
  • Inexpensive - Lower closing costs than warranty deeds
  • Risky for buyers - No recourse if title problems arise
  • Perfect for trusted parties - Family members, divorcing spouses, etc.

The Quitclaim Deed Process

1

Get Form

Download state-specific deed

2

Complete

Fill in property & party details

3

Sign

Grantor signs before notary

4

Record

File with county recorder

✓

Complete

Transfer is official

When to Use a Quitclaim Deed

Good Uses

  • Divorce settlements - Removing ex-spouse from title
  • Family transfers - Parents to children, between siblings
  • Estate planning - Transfer to living trust
  • Adding spouse - After marriage
  • Removing deceased owner - From joint ownership
  • Correcting deed errors - Spelling, legal description
  • Gifting property - No money exchanged
  • Business transfers - To/from LLC or corporation

Never Use For

  • Buying from strangers - No title protection
  • Real estate purchases - Use warranty deed
  • Foreclosure "rescue" - Common scam tactic
  • Unclear ownership - Title disputes
  • Investment properties - Too risky
  • Commercial transactions - Need warranties
  • Tax evasion - Illegal purpose
  • Avoiding creditors - May be fraudulent

Step-by-Step Instructions

Step 1 Gather Information

Collect necessary documents and information:

  • Current deed (for legal description)
  • Property address and parcel number (APN)
  • Full legal names of all parties
  • Marital status of grantor(s)
  • How grantee(s) will hold title

Time: 30 minutes

Step 2 Get the Correct Form

Download your state's specific quitclaim deed form. Each state has different requirements for:

  • Format and margins
  • Required language
  • Additional disclosures
  • Witness requirements

Time: 5 minutes

Step 3 Complete the Form

Fill in all required information:

  • Grantor(s): Person giving up ownership
  • Grantee(s): Person receiving ownership
  • Legal description: Copy exactly from current deed
  • Consideration: Amount paid (can be "$10 and other valuable consideration")
  • Tax statements: Where to send property tax bills

Time: 15-30 minutes

Step 4 Sign and Notarize

Proper execution requirements:

  • ALL grantors must sign (not grantees)
  • Sign in presence of notary public
  • Some states require witnesses in addition to notary
  • Use full legal names as shown on current deed

Time: 30 minutes

Step 5 Record the Deed

File with county recorder's office:

  • Must be recorded to be legally effective
  • File in county where property is located
  • Pay recording fees and any transfer taxes
  • Get certified copy for your records

Time: 1-5 business days

Complete After Recording

Final steps:

  • Notify mortgage lender of ownership change
  • Update homeowner's insurance
  • Change utilities to new owner's name
  • Keep recorded deed in safe place

Quitclaim Deed Costs & Fees (2025)

Deed Form

$27.97

State-specific form from Deeds.com

Recording Fee

$15-250

Varies by county

Notary Fee

$5-25

Per signature

Additional Potential Costs

  • Transfer tax: 0-3% of property value (varies by state/county)
  • Documentary stamps: $0.70 per $100 of value (some states)
  • Title search (optional): $75-200
  • Legal review (optional): $150-500
  • Courier/mailing: $10-30

Tax Consideration

Transfers may trigger gift tax (over $18,000 in 2024) or property tax reassessment. Consult a tax professional.

Quitclaim Deed vs Other Deed Types

Quitclaim Deed

Protection: None

Speed: 1-3 days

Cost: $15-250

Best for: Family/Divorce

Grant Deed

Protection: Limited

Speed: 15-30 days

Cost: $500-1500

Best for: CA Real Estate

Special Warranty

Protection: During ownership

Speed: 15-30 days

Cost: $1000-2000

Best for: Commercial

Warranty Deed

Protection: Full

Speed: 30-45 days

Cost: $1000-3000+

Best for: Home Purchase

* Costs and timeframes are estimates and vary by location

Common Quitclaim Deed Scenarios & Examples

Scenario: Sarah and John are divorcing. The divorce decree awards the house to Sarah.

Process:

  1. John (grantor) signs quitclaim deed to Sarah (grantee)
  2. Only John needs to sign and notarize
  3. Sarah records the deed
Important: The quitclaim deed removes John from title but NOT from the mortgage. Sarah must refinance to remove John's loan obligation.

Scenario: Parents want to add adult daughter to home title for estate planning.

Process:

  1. Parents sign quitclaim deed to "Parents and Daughter as joint tenants"
  2. Consideration: "Love and affection"
  3. File gift tax return if value exceeds annual exclusion
Tax Note: This may trigger property tax reassessment and capital gains issues. Consult a tax advisor.

Scenario: Homeowners want to transfer property to their revocable living trust.

Process:

  1. Sign quitclaim deed from "John and Jane Doe" to "John and Jane Doe, Trustees of the Doe Family Trust"
  2. No tax consequences (grantor trust)
  3. Notify mortgage lender (usually no issues)
Benefit: Avoids probate while maintaining full control during lifetime.

Scenario: Real estate investor transferring rental property to LLC for liability protection.

Process:

  1. Individual signs deed to "ABC Properties LLC"
  2. May trigger due-on-sale clause in mortgage
  3. Update insurance to LLC name
Warning: Check mortgage terms first. Lender approval may be required.

Common Mistakes to Avoid

❌ Mistake #1: Wrong Legal Description

Using the street address instead of the full legal description from the current deed.

Solution: Always copy the exact legal description from your current deed.

❌ Mistake #2: Not Recording

Keeping the signed deed but never recording it with the county.

Solution: Record within 30 days to protect your interests.

❌ Mistake #3: Mortgage Confusion

Thinking the deed transfers or removes mortgage obligations.

Solution: Understand that deeds transfer ownership, not debt.

❌ Mistake #4: Missing Signatures

Not having all owners sign or forgetting spousal signatures.

Solution: All current owners must sign as grantors.

❌ Mistake #5: Tax Surprises

Not considering gift tax, property tax reassessment, or capital gains.

Solution: Consult a tax professional before transferring.

❌ Mistake #6: Using for Purchase

Accepting a quitclaim deed when buying property from a stranger.

Solution: Always demand a warranty deed for purchases.

Frequently Asked Questions

Recording fees typically range from $15 to $250 depending on your county. Additional costs may include notary fees ($5-25), transfer taxes (varies by location), and the deed form itself ($27.97 from Deeds.com).

Once recorded, a quitclaim deed cannot be simply "cancelled." The only way to reverse it is for the grantee to sign a new deed transferring the property back. Courts may void a deed only in cases of fraud, duress, incapacity, or forgery.

No. A quitclaim deed only transfers ownership rights, not mortgage obligations. You remain liable for the mortgage even after signing away ownership. To remove yourself from the mortgage, the remaining owner must refinance the loan in their name only.

While not legally required in most states, consulting a lawyer is recommended for complex situations involving: valuable property, unclear ownership, tax implications, divorce settlements, or business transfers. Simple family transfers often don't require legal assistance.

The deed can be prepared in 15-30 minutes, signed and notarized the same day, and recorded within 1-5 business days. The entire process typically takes less than a week, much faster than warranty deeds which require title searches and can take 30-45 days.

A warranty deed guarantees clear title and protects the buyer from future claims. A quitclaim deed offers no warranties - it only transfers whatever interest the grantor has, if any. Use warranty deeds for purchases and quitclaim deeds for transfers between trusted parties.

Yes, potential tax implications include: gift tax if transferring for less than fair market value (over $18,000 in 2024), property tax reassessment in some states, capital gains tax issues, and possible transfer taxes. Always consult a tax professional before transferring property.

Yes, this is one of the most common uses. You would sign a quitclaim deed from yourself to "yourself and spouse" as joint tenants or community property (depending on your state). This typically has no tax consequences between spouses.

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