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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This page is maintained by the Deeds.com Legal Research & Editorial Team .

Last reviewed: November 2025

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What is a Quitclaim Deed?

A quitclaim deed is a legal document used to transfer whatever ownership interest a grantor currently has in real estate—if any—to another person. It does not promise that the grantor actually owns the property, and it does not guarantee clear title.

Key Point

Because a quitclaim deed makes no warranties about the condition of the title, it is best suited for transfers between people who already know and trust each other—not for arms-length purchases from strangers.

How Quitclaim Deeds Work

The grantor signs the quitclaim deed and has their signature notarized. The deed is then delivered to the grantee and recorded with the county recorder or land records office where the property is located. Recording gives public notice of the change in ownership, but the deed still only transfers whatever interest the grantor had.

This makes quitclaim deeds:

  • No warranties of title - The grantor does not promise that the title is clear or that they even own the property. The grantee takes the property “as is,” including any undisclosed liens or competing claims.
  • Fast and simple to prepare - Quitclaim deeds are typically shorter and more straightforward than warranty deeds, which makes them useful when all parties agree on the transfer and understand the risks.
  • Common between related parties - Frequently used between spouses, parents and children, or other family members to change how title is held, remove someone from the title, or move property into a trust or LLC.
  • Risky for buyers - A buyer who uses a quitclaim deed instead of a warranty deed gives up important protections. Without warranties or title insurance, the buyer may be stuck with costly title problems.

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 an ex-spouse from the title when both parties understand the property and the agreement.
  • Family transfers - Transferring property between spouses, parents and children, or other family members when no money changes hands.
  • Estate planning moves - Moving property into or out of a living trust or LLC you control as part of an estate or tax plan.
  • Clearing up how title is held - Correcting how names appear on the deed or consolidating ownership among people who already know the property’s history.

Never Use For

  • Buying from a stranger - Quitclaim deeds are not appropriate for arms-length purchases from sellers you do not know or trust.
  • Investment property purchases - Using a quitclaim deed to buy rentals or flips leaves you exposed to hidden liens and title problems.
  • When you expect full protection - If you want assurances about ownership and liens, a warranty deed and title insurance are usually more appropriate.
  • Disputed ownership situations - When there is a serious question about who owns the property or what liens exist, talk with an attorney before signing any deed.

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

Compared with a warranty deed, a quitclaim deed offers no guarantees about the condition of the title. It simply transfers whatever interest the grantor has, if any. That is why quitclaim deeds are most commonly used between people who already know and trust each other.

In arms-length sales, buyers typically expect a warranty or special warranty deed plus a title search and title insurance to help protect against unknown liens or ownership claims.

* 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

No. A quitclaim deed transfers whatever interest the grantor has in the property, if any, without any warranties. It does not guarantee that the title is clear or free of liens. Buyers who need assurance about title quality usually rely on a warranty deed and title insurance, not a quitclaim deed.

A properly completed, signed, notarized, and recorded quitclaim deed is legally binding for transferring the grantor’s ownership interest. However, it does not remove existing liens, and it does not fix underlying title defects. It only passes along whatever interest the grantor had at the time of the transfer.

No. A deed and a mortgage are separate documents. A quitclaim deed can remove your name from the property’s title, but it does not remove your obligation on the loan. Only the lender can release you from the mortgage, usually through a refinance, loan assumption, or a formal release of liability.

Once a quitclaim deed has been signed, delivered, and recorded, it generally cannot be simply “cancelled.” In some situations the parties may sign a new deed to transfer the property back. If there was fraud, coercion, or serious error, a court may be able to set the deed aside, but that usually requires legal action. Get legal advice if you believe a deed was recorded improperly.

Many people complete their own quitclaim deeds using state-specific forms and instructions. However, a deed permanently affects property rights. If you are unsure whether a quitclaim deed is appropriate, or if your situation involves large amounts of money, disputes, or complex family arrangements, it is wise to consult a licensed attorney in your state.

Not automatically. A quitclaim deed can be used as part of an estate plan, such as retitling property into a trust or into joint ownership with rights of survivorship. However, simply signing a quitclaim deed does not guarantee that probate will be avoided. Whether probate is required depends on how the property is titled, what other planning has been done, and the laws in your state.

Yes. Quitclaim deeds are commonly used to add a spouse to the title after marriage or remove a spouse after divorce, as long as the parties understand the consequences. Keep in mind that changing who owns the property does not change who is responsible for any existing mortgage or home equity loan.

By signing a quitclaim deed, a grantor gives up whatever ownership interest they have in that property. If the grantor had full ownership, they are effectively giving that up. If they had no ownership interest to begin with, the deed does not transfer anything. If you are unsure of your rights or how a deed will affect them, speak with a real estate attorney before signing.

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