Does a Quitclaim Deed Remove You From the Mortgage?
No. A quitclaim deed transfers your interest in the property’s title. It does not change who is responsible for...
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 or removing names from 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.
Used by 500,000+ customers to transfer property safely and legally
Sample Quitclaim Deed Form
This page is maintained by the Deeds.com Legal Research & Editorial Team.
Last reviewed: March 2026
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.
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.
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.
A quitclaim deed transfers ownership—not debt. Signing a quitclaim deed does not remove you from the mortgage. Only your lender can release you from loan obligations, typically through refinancing or formal assumption. This is the single most common misunderstanding about quitclaim deeds.
This is the most important distinction in real estate deed types. Choosing the wrong one can cost you thousands of dollars—or leave you with no recourse if a title problem appears.
| Feature | Quitclaim Deed | Grant Deed | Special Warranty | General Warranty |
|---|---|---|---|---|
| Title warranty | None | Limited (not previously conveyed) | During grantor's ownership | Full history |
| Grantor's promise | "Whatever I have, if anything" | "I haven't already sold this" | "Nothing went wrong while I owned it" | "Title is clean, period" |
| Title insurance? | Rarely issued | Usually issued | Usually issued | Standard |
| Typical cost | $15–$250 | $500–$1,500 | $1,000–$2,000 | $1,000–$3,000+ |
| Speed | 1–3 days | 15–30 days | 15–30 days | 30–45 days |
| Best for | Family, divorce, trusts | CA residential sales | Commercial sales | Residential purchases |
| Recourse if title problem? | None | Limited | During ownership period | Full |
Quitclaim deeds are most commonly used between parties who know each other—family, divorce, trusts. If you're accepting a quitclaim deed from someone you don't know well, or in any transaction involving significant money, take extra precautions:
Quitclaim deeds are governed by state and local real property statutes. The examples below show how these rules appear in several major states. Always follow the specific requirements of the state where the property is located.
| State | Citation | Key Provision |
|---|---|---|
| Arizona | A.R.S. § 33-402 | Deeds transferring real property must be signed, acknowledged, and meet state recording standards to be valid against subsequent purchasers. |
| California | Cal. Civ. Code § 1092 | Permits the use of quitclaim deeds to transfer the grantor's interest without warranties, and specifies required execution and acknowledgment formalities. |
| Florida | Fla. Stat. § 695.26 | Requires specific formatting for all deeds, including witness signatures and notarial wording, for a deed to be eligible for recording. |
| Illinois | 765 ILCS 5/10 | Recognizes quitclaim deeds as valid instruments for conveying whatever interest the grantor possesses, and describes the operative effect of using quitclaim language. |
| New York | N.Y. Real Prop. Law § 258 | Provides statutory short forms for different types of deeds, including quitclaim deeds, and defines the legal effect of using each form. |
| Texas | Tex. Prop. Code § 11.001–11.008 | Outlines recording requirements and establishes how properly recorded deeds give notice to third parties. |
This is not an exhaustive list. Each state has its own requirements for deed formatting, execution, and recording. Use your state's specific form to ensure compliance.
Get Form
Download state-specific deed
Complete
Fill in property & party details
Sign
Grantor signs before notary
Record
File with county recorder
Complete
Transfer is official
Collect necessary documents and information:
Time: 30 minutes
Download your state's specific quitclaim deed form. Each state has different requirements for:
Time: 5 minutes
Fill in all required information:
Time: 15-30 minutes
Proper execution requirements:
Time: 30 minutes
File with county recorder's office:
Time: 1-5 business days
Final steps:
$27.97
State-specific from Deeds.com
$15-250
Varies by county
$5-25
Per signature
Transfers may trigger gift tax (over $18,000 annual exclusion in 2024) or property tax reassessment in some states. Consult a tax professional before transferring property.
Protection: None
Speed: 1-3 days
Cost: $15-250
Best for: Family/Divorce
Protection: Limited
Speed: 15-30 days
Cost: $500-1500
Best for: CA Real Estate
Protection: During ownership
Speed: 15-30 days
Cost: $1000-2000
Best for: Commercial
Protection: Full
Speed: 30-45 days
Cost: $1000-3000+
Best for: Home Purchase
* Costs and timeframes are estimates and vary by location
Scenario: Sarah and John are divorcing. The divorce decree awards the house to Sarah.
Process:
Scenario: Parents want to add adult daughter to home title for estate planning.
Process:
Scenario: Homeowners want to transfer property to their revocable living trust.
Process:
Scenario: Real estate investor transferring rental property to LLC for liability protection.
Process:
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.
Keeping the signed deed but never recording it with the county.
Solution: Record within 30 days to protect your interests.
Thinking the deed transfers or removes mortgage obligations.
Solution: Understand that deeds transfer ownership, not debt.
Not having all owners sign or forgetting spousal signatures.
Solution: All current owners must sign as grantors.
Not considering gift tax, property tax reassessment, or capital gains.
Solution: Consult a tax professional before transferring.
Accepting a quitclaim deed when buying property from a stranger.
Solution: Always demand a warranty deed for purchases.
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The information provided on this page is for informational purposes only and should not be considered legal advice. Laws vary by state and individual circumstances differ. For advice specific to your situation, please consult a qualified attorney licensed in your jurisdiction.
Deeds.com has been providing deed forms and information since 1997 but does not provide legal services. We make no warranties or representations regarding the accuracy, completeness, or reliability of the information provided. Any reliance you place on such information is strictly at your own risk.
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