Quitclaim deed vs warranty deed
Both transfer ownership. The difference is what the grantor promises. A warranty deed says 'I own this, it is clean, and I will defend that claim'. A quitclaim says 'whatever I have, you now have', and nothing more.
| Quitclaim deed | Warranty deed | |
|---|---|---|
| Guarantees the title? | No | Yes, fully |
| Covers defects from before the grantor owned it? | No | Yes |
| Grantor liable if a defect appears later? | No | Yes |
| Typical use | Family, spouses, trusts, LLCs, corrections | Arm's-length sale |
| Buyer risk | High | Low |
| Seller risk | None | High. Unlimited in time |
| Deedly price | $39 | $69 |
Use a quitclaim deed when
- You're adding a spouse after marriage.
- You're removing an ex under a divorce decree.
- You're funding your own living trust.
- You're moving a rental into an LLC you own.
- You're transferring between family members with no money changing hands.
- You're correcting a name or a typo on a prior deed.
Use a warranty deed when
- You're selling to a buyer who is not a relative.
- Your purchase contract calls for one. That is a binding obligation.
- A lender or title company requires full covenants.
- The buyer is paying real money and reasonably expects real protection.
Never accept a quitclaim when buying from a stranger
If the seller turns out not to own the property, or a lien surfaces, a quitclaim gives you no claim against them at all. Insist on a warranty deed or at minimum a special warranty deed, and buy an owner's title insurance policy.
The middle option people forget
A special warranty deed warrants only the period the grantor owned the property. It gives the buyer meaningful protection without exposing the seller to a century of history they know nothing about. Estates, trustees, banks and most commercial sellers use it, and it is often the sensible compromise in a private sale of an inherited house.
Regional exceptions
- Massachusetts uses a quitclaim deed as its standard sale instrument. A Massachusetts quitclaim carries limited covenants and behaves like a special warranty deed elsewhere.
- California uses a grant deed for most sales, which carries two implied covenants, again closer to a special warranty deed.
- Read the deed, not the label. The covenant language in the body is what determines the protection.
Answer three questions and we route you to the correct instrument for your state.
Common questions
For transferring ownership, both work identically. For protecting the person receiving the property, they are not remotely comparable. If you already know the title is fine, because it is your own house going into your own trust, a quitclaim costs less and does the job. If you don't know, you want warranties.
You can't change a recorded deed, but the grantor can sign a new warranty deed covering the same property. In practice, people rarely agree to add warranties after the fact. The reason they used a quitclaim is usually that they did not want them.
A quitclaim, in almost every case. It is $30 cheaper, and warranties between family members create liability without benefit. If a defect surfaces you would be suing a relative over the house you gave them.
It does not void an existing owner's policy for the person who already had it, but the new owner is generally not covered by it. Anyone receiving property by quitclaim in an arm's-length transaction should buy their own policy.
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Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.