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Definition

What is a quitclaim deed?

A quitclaim deed transfers whatever interest you have in a property (which might be all of it, or none of it) and makes no promise that the title is any good. That sounds alarming, and it is exactly why it is the right instrument for family transfers and the wrong one for buying a house from a stranger.

Reviewed July 28, 2026

The one-sentence version

Quitclaim deed

A deed in which the grantor releases ("quits") any claim they may have to a property, transferring it to the grantee without warranting that they own anything at all.

Compare that to a warranty deed, where the grantor promises they own the property, have the right to sell it, and will defend the title against anyone who challenges it. A quitclaim makes none of those promises. It is a transfer, not a guarantee.

Does a quitclaim deed give you ownership?

It gives you whatever ownership the grantor actually had. If they owned the property outright, you now own it outright. If they owned a half share, you own a half share. If they owned nothing, and this is the risk, you own nothing, and the deed gives you no claim against them for it.

That is why quitclaims are normal between people who already know the property's history and unusual between strangers. Adding your spouse, removing an ex under a divorce decree, moving the house into your own living trust: in each case you already know exactly what the title looks like, so a warranty adds nothing.

When a quitclaim deed is the right tool

  • Adding a spouse after marriage. You own the house, you want both names on it. How to add a spouse to a deed.
  • Removing an ex after divorce. The decree awards the house to one of you and the deed needs to match. How to remove an ex-spouse.
  • Funding a living trust. Moving your own property into your own trust. How to transfer property into a trust.
  • Transfers between family. Parent to child, sibling to sibling, where nobody is paying market value.
  • Fixing a name or a typo. A maiden name, a misspelling, a scrivener's error on the last deed. How to change a name on a house deed.
  • Clearing a possible cloud. Getting someone with a doubtful claim to formally release whatever interest they might have.

When it is the wrong tool

Never accept a quitclaim in an arm's-length purchase

If you're buying from someone you don't know, insist on a warranty deed or at minimum a special warranty deed, and buy an owner's title insurance policy. A quitclaim from a stranger is functionally a receipt for a promise nobody made.

The three things it does not do

  1. It does not touch the mortgage. Signing away your ownership doesn't remove you from the loan. Only a refinance or a written release from the lender does that. More on quitclaims and mortgages.
  2. It does not avoid probate. The transfer happens now, while you're alive. If you want the property to pass at death without probate, you want a transfer-on-death deed or a lady bird deed.
  3. It does not clear liens. A tax lien, a judgment, or a mechanic's lien attaches to the property, not the owner. It comes along with the transfer.

What makes one valid

A quitclaim deed has to identify the grantor and grantee, describe the property by its legal description, state that the grantor is conveying their interest, and be signed and notarized. 4 states add witness requirements on top of that, and every state has its own formatting rules for the recorder. Then it has to be recorded in the county where the property sits.

Make a quitclaim deed for my state

$39, one time. You read the finished document before you pay.

Common questions

Yes. Once it is signed, notarized, delivered and accepted, it transfers whatever interest the grantor held. Recording it is not what makes it valid between the parties. Recording protects you against third parties who might otherwise claim they had no notice. Record it anyway; an unrecorded deed is a problem waiting years to happen.

Not unilaterally. Once delivered and accepted, the transfer is done. Undoing it means the new owner signs a deed back to you, which is a second transfer with its own tax and recording consequences. A court will only set one aside for fraud, forgery, duress, or a genuine lack of capacity.

An attorney charges roughly $300–$1,200 to draft one. Deedly is $39. On top of that you pay the county recording fee, usually $10–$100, plus any state transfer tax, though gifts and family transfers are exempt in most states. Notarization is $5–$25, and often free at your bank.

Yes, in every state. Some states require more: 4 of them require witnesses in addition to the notary. The notary's job is to verify identity, which is what stands between the recording system and forged transfers.

A warranty deed guarantees the title and makes the grantor liable if a defect turns up later. A quitclaim guarantees nothing. Use a warranty deed for a sale, a quitclaim between people who already trust each other. Full comparison.

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.