What Is a Quitclaim Deed and When Should You Use It?

4 September 2025

If you've ever heard the term "quitclaim deed" and thought, Wait, what kind of legal wizardry is that?, you're not alone. At first glance, it sounds like something straight out of an old-timey legal drama. But don't worry, it's not as complicated as it seems.

A quitclaim deed is one of the simplest ways to transfer property ownership—no frills, no warranties, just a straightforward "Hey, you can have my interest in this property. No promises, though!" Sounds intriguing, right? Well, let's break it all down and see when, why, and how you might use one.

What Exactly Is a Quitclaim Deed?

A quitclaim deed (sometimes called a quick claim deed—though that's not the correct term) is a legal document used to transfer ownership interest in a property. But here's the kicker: it doesn't guarantee that the person transferring the property (the grantor) actually has clear ownership to begin with.

Think of it like passing on a mystery box. You might be handing over a treasure trove of real estate gold, or you might be accidentally giving someone a property with unresolved ownership issues. The quitclaim deed simply states, "Whatever I have, you now have." But if the grantor doesn’t actually own anything? Well, the recipient (the grantee) gets a whole lot of nothing.

That’s why quitclaim deeds are often used in situations where the parties trust each other—like between family members, divorcing spouses, or close business partners.

Key Features of a Quitclaim Deed

Before you start thinking this is the magic wand of real estate transfers, let's cover the main things you should know:

- No Guarantees – Unlike a warranty deed, a quitclaim deed doesn’t promise that the property title is clear and free of liens. It only transfers whatever ownership interest the grantor has—if any.
- Fast and Simple – This is one of the easiest ways to transfer ownership, often requiring minimal paperwork.
- Mostly Used for Trust-Based Transfers – Because there are no guarantees, quitclaim deeds are best used when both parties already have a good relationship.
- No Money Typically Changes Hands – Many quitclaim deed transfers happen without an actual sale.

So, in a nutshell, it’s a quick, straightforward way to say, "Here, take my share—good luck!"

When Would You Use a Quitclaim Deed?

Now that you know what it is, let's talk about when you'd actually use it. Here are some of the most common scenarios:

1. Transferring Property Between Family Members

Families use quitclaim deeds all the time. Parents gifting property to children? Siblings swapping ownership? A quitclaim deed makes it a breeze. Since there’s already a level of trust, the lack of guarantees isn’t a big deal.

2. Divorce Property Settlements

Messy breakups are bad, but dividing up property doesn’t have to be. If one spouse is keeping the house after a divorce, a quitclaim deed helps transfer ownership from one party to the other without needing a full-on sale.

3. Removing a Name from a Property Title

Bought a house with your best friend, but now they’re moving on? A quitclaim deed is a simple way to remove them from the title—assuming they agree, of course.

4. Adding a Spouse to the Title

Just got married and want to add your spouse to your house title? A quitclaim deed is an easy way to make it official. (Though, side note: you might want to consult a lawyer before making any major property decisions.)

5. Transferring Property into a Trust

If you're moving property into a family trust for estate planning purposes, a quitclaim deed is often the easiest way to take care of the transfer.

6. Correcting Errors on Property Titles

Ever seen a typo on a legal document? Yeah, it happens more often than you’d think. A quitclaim deed can be used to correct minor errors, like misspelled names or incorrect legal descriptions on the property title.

When Not to Use a Quitclaim Deed

While a quitclaim deed is a fantastic tool in the right situations, there are definitely times when you shouldn't use one.

1. If You're Buying Property from a Stranger

Do NOT use a quitclaim deed if you’re purchasing property from someone you don’t know. There's no guarantee that the title is clean, and you could end up with hidden liens or worse—no real ownership at all.

2. If You Need Title Insurance

Many lenders and title insurance companies won’t accept a quitclaim deed as proof of ownership when issuing a mortgage or insurance policy. If you need an insured and protected transfer, a warranty deed is your best bet.

3. If You're Dealing with Large Sums of Money

Quitclaim deeds don’t come with the legal protections that other property transfer documents offer. If a lot of money is involved, you should always work with a real estate attorney to make sure you're getting what you paid for.

How to Create a Quitclaim Deed

Okay, let’s say you’ve decided a quitclaim deed is the way to go. What now? Here’s how the process typically works:

Step 1: Get a Quitclaim Deed Form

You can find quitclaim deed templates online, or you can get one from a local attorney or title company.

Step 2: Fill in the Necessary Details

You’ll need to provide:
- The full legal names of both the grantor (person giving up ownership) and the grantee (person receiving ownership).
- A thorough legal description of the property.
- The county and state where the property is located.

Step 3: Sign the Document in Front of a Notary

Most states require that the quitclaim deed be notarized to be legally binding. So, no, you can’t just scribble something down on a napkin and call it a day.

Step 4: File the Deed with the County Recorder’s Office

After signing, the deed should be recorded with the local county office. This step is crucial because it makes everything official in public records.

Step 5: Notify the Necessary Parties

If the property has a mortgage, you may need to let the lender know about the ownership change. Also, make sure the new owner understands that a quitclaim deed doesn’t eliminate any existing debts tied to the property.

Pros and Cons of Using a Quitclaim Deed

✅ Pros:

- Simple and quick way to transfer ownership.
- Best suited for transfers between trusted parties.
- Can be used to fix minor title errors.

❌ Cons:

- No guarantees about the property's ownership or liens.
- Not typically used in real estate sales.
- Some lenders might not accept it for mortgage-related transactions.

Final Thoughts

A quitclaim deed can be an incredibly useful tool, but like any powerful thing, it needs to be used wisely. It’s great for transfers between family members, spouses, or trusts, but risky when it comes to real estate transactions between strangers.

So, before you go handing over your property rights like Monopoly money, make sure you fully understand what a quitclaim deed can and can’t do. And, when in doubt? Talk to a real estate attorney to make sure you're making the right move.