Quitclaim deeds: what they do and how to file one
Transfers whatever interest you have in a property, with no promises about the title.
What a quitclaim deed is
A quitclaim deed moves your interest in a property to someone else immediately, without guaranteeing that the title is clean. That makes it the wrong tool for a sale to a stranger and the right tool for transfers between people who already trust each other. Spouses, family members, a trust you control, or an LLC you own. It is the most-used deed in America for exactly that reason.
Quitclaim deed, in one sentence
Transfers whatever interest you have in a property, with no promises about the title.
When to use one
- Add a spouse to the deed after marriage
- Remove an ex-spouse after a divorce
- Transfer property into a living trust
- Move property into an LLC you own
- Transfer between family members
- Correct a misspelled name or a scrivener's error on a prior deed
- Clear a possible cloud on title
What it does not do
Every deed has hard limits, and most disappointment comes from not knowing them in advance.
- It gives the new owner no warranty that the title is good. If a lien or a competing claim surfaces later, the grantee has no claim against the grantor under the deed.
- It does not remove anyone from the mortgage. The lender's loan is a separate contract; only a refinance or a release from the lender does that.
- It does not by itself avoid probate. The transfer happens now, not at death.
- Most title insurers will not insure a chain of title that rests only on a quitclaim from an unknown party.
How it compares to the other deeds
| Deed | Title protection | When it transfers | Reversible? |
|---|---|---|---|
| Quitclaim deed | None | Immediately on delivery | No |
| General warranty deed | Full. Warrants against all claims, ever | Immediately on delivery | No |
| Special warranty deed | Limited, only the grantor's own ownership period | Immediately on delivery | No |
| Transfer-on-death deed | Not applicable | At the owner's death | Yes, while you're alive |
| Lady bird deed | Not applicable | At the owner's death | Yes, while you're alive |
| Life estate deed | Not applicable | At the owner's death | No |
| Gift deed | None | Immediately on delivery | No |
Where it is available
Quitclaim deeds are recognized in all 50 states and the District of Columbia. What differs state to state is the execution: 4 states require witnesses in addition to a notary, first-page margins run from 1 to 3.5 inches, and the accompanying tax declarations are different everywhere.
How to create one
- Confirm it is the right instrumentStart from what you're trying to accomplish rather than the deed name. The goal picker maps the outcome to the instrument and tells you when a deed is the wrong tool entirely.
- Get your state's requirementsWitness rules, notary block wording, page margins, and the tax declarations that must accompany the deed all vary. Pick your state below for the specifics.
- Copy the legal description exactlyFrom your prior recorded deed, word for word. This is the single most common reason a DIY deed fails to transfer what the owner intended.
- Sign in front of a notaryNever in advance. Bring photo ID, and witnesses if your state requires them.
- Record it with the countyIn the county where the property sits. Recording is what puts the world on notice and fixes your priority date.
$39, one time. Read the finished document before you pay.
By state
Quitclaim deed requirements, state by state
Witness rules, margins, transfer taxes, recording fees, and the forms that have to travel with the deed.
States that do not recognize quitclaim deeds
These pages explain why, and what people in those states use instead.
Common questions
Transfers whatever interest you have in a property, with no promises about the title. A quitclaim deed moves your interest in a property to someone else immediately, without guaranteeing that the title is clean. That makes it the wrong tool for a sale to a stranger and the right tool for transfers between people who already trust each other. Spouses, family members, a trust you control, or an LLC you own. It is the most-used deed in America for exactly that reason.
An attorney charges roughly $300–$1,200 to draft one, about $690 on average. LegalZoom is $249–$289, and that includes filing it with the county for you. Deedly is $39 and you record it yourself. On top of any of these you pay your county's recording fee, usually $10–$100, plus any state transfer tax, and $5–$25 for notarization if your bank doesn't do it free.
No state requires an attorney to prepare a deed. What the law requires is the correct statutory language, an accurate legal description, proper signatures and notarization, and recording with the right office. You should use an attorney when ownership is disputed, when the owner has died and the estate has not been probated, when the transfer is tax-sensitive, or when Medicaid planning is involved, and Deedly asks about all of those before it lets you start.
About ten minutes to complete the interview, assuming you have your prior deed to hand for the legal description. Notarization takes a few minutes at a bank or shipping store. Recording is same-day if you go in person or use e-recording, and one to three weeks by mail before the stamped original comes back.
No. This is the most common and most expensive misunderstanding about deeds. A quitclaim changes who owns the property; the mortgage is a separate contract with the lender. Only a refinance or a written release from the lender removes a borrower. Someone can sign away every ownership interest and still be fully liable if the loan defaults.
No. A quitclaim makes no promise that the grantor owns anything at all. Between family members, spouses, and your own trust or LLC, that is fine. You already know the history. For an arm's-length purchase, insist on a warranty deed or a special warranty deed, and buy title insurance.
Keep reading
- General warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Lady bird deedAn enhanced life estate deed: you keep total control for life, and the property passes automatically at death.
- Deed rules by stateRequirements, fees, and recording offices for all 51 jurisdictions.
- All guidesPlain-English explanations of how deeds actually work.
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.