Create a Quitclaim Deed Online

Quitclaim deeds are best suited for property transfers between parties who know and trust each other, where the risk of title defects is low or acceptable. The most common situations where a quitclaim deed is the appropriate choice include:

Family transfers: Transferring property between family members — such as a parent deeding a home to a child, siblings dividing inherited property, or adding a spouse to a title after marriage — is the most common use of quitclaim deeds. Because family members typically have knowledge of the property's history and trust each other, the lack of title warranties is usually acceptable.

Divorce settlements: When divorcing couples divide real estate as part of their settlement, the spouse who is giving up their interest in the property typically signs a quitclaim deed transferring their share to the other spouse. This is often required by the divorce decree and is one of the most straightforward applications of a quitclaim deed.

Transfers to trusts or LLCs: Property owners frequently use quitclaim deeds to transfer real estate into their own revocable living trusts, family trusts, or limited liability companies for estate planning or asset protection purposes. Since you are transferring property to an entity you control, the lack of warranties is not a concern.

Title corrections: If a name was misspelled on a previous deed, if a middle name needs to be added or corrected, or if there is a minor defect in the chain of title, a quitclaim deed can be used to correct the record. Title companies and attorneys frequently use quitclaim deeds for this purpose.

Removing someone from title: If someone is listed on a property title but has no actual ownership interest — such as an ex-spouse who was supposed to be removed during a refinance, or a co-signer who was added for mortgage qualification purposes only — a quitclaim deed can be used to remove them from the title.

Understanding the difference between a quitclaim deed and a warranty deed is essential for choosing the right document for your property transfer. The two types of deeds differ primarily in the level of protection they provide to the grantee.

Warranty deeds provide the highest level of protection. When a grantor signs a warranty deed, they are making several legally binding promises (called covenants): that they actually own the property, that the title is free and clear of liens and encumbrances (except those specifically listed), that no one else has a competing claim, and that they will defend the grantee's title against any future claims. If any of these warranties turn out to be false, the grantee can sue the grantor for damages. Warranty deeds are the standard for most real estate purchase transactions and are typically required by title insurance companies and mortgage lenders.

Quitclaim deeds provide no warranties whatsoever. The grantor makes no promises about the state of the title, the existence of liens, or even whether they actually own the property. The grantor simply transfers whatever interest they may have — which could be full ownership, partial ownership, or nothing at all. Because of this lack of protection, quitclaim deeds are not appropriate for standard purchase transactions between unrelated parties. Most title insurance companies will not insure a title based solely on a quitclaim deed, and most mortgage lenders will not accept a quitclaim deed as evidence of clear title.

There is also a middle ground: the special warranty deed (sometimes called a limited warranty deed or grant deed, depending on the state). A special warranty deed provides limited warranties — the grantor guarantees that they have not done anything to impair the title during their period of ownership, but makes no guarantees about what happened before they acquired the property. Special warranty deeds are commonly used in commercial real estate transactions and foreclosure sales.

In summary: use a warranty deed when buying property from someone you don't know well and want maximum protection; use a quitclaim deed when transferring property between trusted parties where title warranties are unnecessary; and consult with a real estate attorney if you're unsure which type of deed is appropriate for your situation.

Filing a quitclaim deed involves several important steps, and the specific requirements vary by state and county. However, the general process is consistent across most jurisdictions:

Step 1: Prepare the deed. The quitclaim deed must include the grantor's and grantee's full legal names and addresses, a complete legal description of the property (not just the street address — you need the legal description from the existing deed or tax records), the county where the property is located, and the consideration amount (the price paid, which may be nominal — even $1 or $10 for gift transfers). Many states also require a return address for the recorded document and the name and address of the person who prepared the deed.

Step 2: Sign and notarize. The grantor must sign the deed in the presence of a notary public. Some states also require one or two witnesses in addition to the notary. The grantee does not typically need to sign the deed, though some states require the grantee's signature or acknowledgment. Notarization is required in all 50 states and is essential for the deed to be accepted for recording.

Step 3: Record the deed. The signed and notarized deed must be recorded with the county recorder's office (sometimes called the county clerk, register of deeds, or land records office) in the county where the property is located. Recording establishes a public record of the transfer and protects the grantee's interest against future claims. Recording fees vary by county but typically range from $10 to $100. Some counties also require a transfer tax or documentary stamp tax, which is based on the sale price or assessed value of the property.

Step 4: Pay applicable taxes. Depending on the state and the nature of the transfer, you may need to pay real estate transfer taxes at the time of recording. Many states exempt certain transfers from transfer taxes — such as transfers between spouses, transfers to trusts, and transfers where no money changes hands. Check with your county recorder's office or a real estate attorney to determine what taxes and exemptions apply to your specific transfer.

After recording, the county will return the original deed (or a certified copy) to the address specified on the deed. Keep this recorded deed in a safe place — it is your proof of the property transfer and will be needed for any future transactions involving the property.

Despite the relative simplicity of quitclaim deeds, several common mistakes can cause serious problems with property transfers. Being aware of these pitfalls can save you significant time, money, and legal headaches.

Using a quitclaim deed for a purchase transaction: The most significant mistake is using a quitclaim deed when buying property from someone you don't know well. Because a quitclaim deed provides no title warranties, you have no legal recourse if the seller doesn't actually own the property, if there are undisclosed liens, or if someone else has a competing claim. For purchase transactions between unrelated parties, always use a warranty deed and obtain title insurance.

Incorrect legal description: Using the wrong legal description — or using only the street address instead of the full legal description — can invalidate the deed or transfer the wrong property. Always copy the legal description exactly from the existing deed or official tax records. Even minor errors in lot numbers, boundary descriptions, or survey references can create title problems that are expensive to correct.

Failing to have the deed notarized: A quitclaim deed that is not properly notarized will be rejected by the county recorder and may not be legally effective. All 50 states require notarization, and some states require additional witnesses. Make sure the grantor signs in the presence of a commissioned notary public who can verify their identity.

Not recording the deed: While a quitclaim deed can be legally effective between the grantor and grantee without recording, failing to record creates serious risks. An unrecorded deed does not provide public notice of the transfer, which means the grantor could potentially sell or mortgage the property again, and the grantee's interest would not be protected against subsequent purchasers or creditors who had no knowledge of the earlier transfer.

Ignoring mortgage obligations: A common misconception is that transferring property via a quitclaim deed also transfers the mortgage obligation. It does not. If there is an existing mortgage on the property, the grantor remains personally liable for the mortgage payments even after transferring their ownership interest. Furthermore, most mortgages contain a "due on sale" clause that allows the lender to demand full repayment of the loan if the property is transferred. Before executing a quitclaim deed on a mortgaged property, consult with your lender and a real estate attorney.

Not considering tax implications: Property transfers via quitclaim deed can trigger gift taxes (if the transfer is a gift), capital gains tax consequences (because the grantee may receive the grantor's original cost basis rather than a stepped-up basis), and changes in property tax assessments. Consult with a tax professional before executing a quitclaim deed to understand the full tax implications of your specific transfer.

In most states, you are not legally required to hire an attorney to prepare or file a quitclaim deed. Quitclaim deeds are among the simplest legal documents in real estate law, and many straightforward transfers — such as adding a spouse to a title, transferring property to a trust, or removing an ex-spouse after a divorce — can be handled without legal representation, especially when using a reliable quitclaim deed generator like ours that ensures the document meets your state's formatting and content requirements.

However, there are situations where consulting with a real estate attorney is strongly recommended. If the property has an existing mortgage, an attorney can help you understand the implications of the "due on sale" clause and explore options for dealing with the lender. If the transfer has potential tax consequences — such as gift tax liability, capital gains implications, or property tax reassessment — an attorney working with a tax professional can help you structure the transfer to minimize tax exposure. If there are questions about the title — such as potential liens, boundary disputes, or competing claims — an attorney can conduct a title search and advise you on whether a quitclaim deed is the appropriate instrument.

For simple transfers between family members where the title is clear and there is no mortgage, a properly prepared quitclaim deed form is typically all you need. Our quitclaim deed generator creates a professionally formatted document that includes all the information required by your state's recording office. After completing the form, you will need to have the deed notarized and then file it with the county recorder's office in the county where the property is located.

Remember that while a quitclaim deed transfers ownership interest, it does not provide title insurance or guarantee that the title is free of defects. If you want additional protection, you can purchase a title insurance policy separately, which will protect you against title defects that existed at the time of the transfer. Title insurance is relatively inexpensive for owner-occupied properties and provides peace of mind for transfers where the title history may not be fully known.