Understanding Quitclaim Deeds: When and Why You Might Need One

Lisa Mailhot  |  December 27, 2024

Buyers

Understanding Quitclaim Deeds: When and Why You Might Need One

 

A quitclaim deed is a legal document used to transfer ownership of property without a sale. Unlike a warranty deed, it provides no guarantees about the property's title or any liens. Commonly used between family members or spouses, it’s a quick way to adjust property ownership when no money changes hands.

For example, if a parent wants to transfer their home to their children or if a spouse wishes to add or remove their partner's name from the title, a quitclaim deed is often the go-to option. However, it’s essential to note that this deed impacts ownership but does not affect any existing mortgage obligations.

Quitclaim Deeds vs. Warranty Deeds

The key difference lies in the guarantees provided:

  • Warranty Deed: Offers assurances that the grantor owns the property free of liens or claims, backed by title insurance. It is typically used in real estate sales.
  • Quitclaim Deed: Transfers ownership "as-is," with no title search or insurance, making it a simpler but less secure option for the grantee.

Why Use a Quitclaim Deed?

Quitclaim deeds are commonly used in situations where trust between parties already exists, such as:

  • Adding a spouse to the title after marriage.
  • Removing a spouse from the title after divorce.
  • Transferring property between parents and children or siblings.
  • Placing property into a family trust.
  • Clearing up potential ownership claims, often at the request of a title insurance company.

While these deeds are convenient, they are unsuitable for real estate sales, as they provide no guarantees about the property’s title.

How to Create a Quitclaim Deed

It's easier than you would think to create a quitclaim deed:

  1. Find a State-Specific Form: Obtain a quitclaim deed form online or from a local office supply store.
  2. Complete the Form: Include the names of the grantor and grantee, a clear property description, and the date of transfer.
  3. Notarize the Deed: The grantor signs the deed in the presence of a notary public. In some states, the grantee’s signature is also required.
  4. Record the Deed: File the deed at your county recorder’s office and pay any applicable fees.

Recording the deed is not mandatory in all states, but it’s a wise step to protect against future title disputes.

Important Elements of a Quitclaim Deed

A typical quitclaim deed includes:

  • Title: Indicates the document type.
  • Date of Execution: Specifies when the deed was signed.
  • Grantor and Grantee Information: Names of the individuals transferring and receiving ownership.
  • Property Description: A legal description of the property.
  • Habendum: Outlines the transfer of ownership rights.
  • Notarized Signatures: Ensures the document is legally binding.

Is a Quitclaim Deed Right for You?

A quitclaim deed is ideal for quick, informal property transfers where title guarantees aren’t necessary. However, it’s crucial to understand the limitations: the deed doesn’t absolve mortgage responsibilities or provide title assurances.

If you’re unsure whether a quitclaim deed suits your needs, consult a legal or real estate professional for guidance.

Bottomline

A quitclaim deed can be a useful tool for transferring property ownership quickly and efficiently in specific scenarios, such as family or trust-related transactions. Understanding the process and limitations ensures a smooth experience. Thinking about making a move? Let’s connect and discuss your real estate goals today!

 

 

Reference: Lerner, M. (2024, December 20). What Is a Quitclaim Deed and When Do You Need To Get One?.Realtor.com 

RECENT BLOG POSTS

Where Millennials Are Leading the Housing Rebound in NAR’s Top 10 Markets for 2026

Top 10 U.S. housing markets are set to rebound in 2026, fueled by millennial buyers. See how affordability, inventory, and mortgage rates are creating opportunities fo… Read more

Housing Market Hits the Brakes as Listings Decline

Housing listings are declining as buyers and sellers pause. See what the slowdown means for Orange County’s real estate market in late 2025.

Why January Is the Smartest Month to Buy a Home

Why savvy buyers choose January for home purchases. Lower prices, motivated sellers, and less competition make winter the strategic time to buy.

Buyer Demand Is Rising What Sellers Need to Know Now

Mortgage rates are down and buyer demand is surging. Learn why now is the perfect time to list your home and capitalize on market momentum.

Housing Market Cooling Shows New Listing Opportunities

New home listings fell 1.7% in December 2025, creating opportunities for sellers. Discover what this cooling market means for your real estate strategy.

How to Stretch Your Options Not Your Budget When Buying

Learn strategic compromises that expand your home search without breaking the bank. Discover what matters most when buying your next home.

Home Equity Powers Your Next Real Estate Move

How your home equity can transform your next move. Learn proven strategies to leverage equity for bigger down payments, all-cash offers, and smarter investments.

Why Winter Home Sales Give Sellers a Competitive Edge

Why selling your home this winter offers less competition and more serious buyers. Get expert insights from Whitestone Real Estate on winter selling advantages.

Fed Rate Cut 2025 Impact on Mortgage Rates and Housing

The Fed cut rates for the 3rd time in 2025, but only 1 cut expected in 2026. Learn what this means for homebuyers and mortgage rates nationwide.

We are excited to assist you in finding your perfect home

Let's find a time that suits you best to chat about your goals, show you how we work, and figure out how we can help you the most