Quitclaim Deed Instructions

Need Help With a Quitclaim Deed?

A quitclaim deed transfers whatever interest the signer holds in a property, and promises nothing about the title. It is the right tool for some transfers and the wrong one for others, and this guide tells you which.

Most people don't set out to get a quitclaim deed. They set out to handle something — a marriage, a divorce, a death in the family, an estate plan — and find out along the way that a deed is part of it.

Whether you are adding a spouse to title, removing a former spouse after a divorce, transferring property to a family member, moving real estate into a trust, or sorting out an inheritance, this guide explains what a quitclaim deed does, what it does not do, and what your state requires.

Most people deal with a property ownership change only once or twice in a lifetime, so it is completely normal if the words and steps feel unfamiliar. The process becomes much easier once you know what is required and which parts actually apply to your situation.

Written by Toby Kay, a retired real estate broker formerly licensed in Arizona, Nevada, and California.

Last updated: September 10, 2026

You May Have Questions. We Can Help.

You may be wondering:

Examples: Do I need a notary in Florida?   How do I record a deed in Nevada?

The Document Is Only Part of the Process

Preparing the deed is usually the easy part. The details around it are where questions begin.

Before moving forward, people often want to understand:

That last question is the one worth asking first. A quitclaim deed is the right tool for a lot of situations and the wrong tool for others, and the difference can be expensive.

Find Your State's Requirements

The process is different depending on where your property is located.

Every state has its own rules for:

  • Signing, witnesses, and notarization
  • Recording procedures and which office handles them
  • Required forms
  • Transfer taxes, exemptions, and fees
  • Special state requirements

Choose your state to find the information that applies to your property.

Choose Your State

From Your Question to Your Next Step

Tell Us What You Are Trying to Do

Start with your situation, not the legal terms. "I got married and want my husband on the house" is a perfectly good place to begin.

Find the Information That Applies to You

Requirements vary by state and county. Find the rules for where the property is located, not where you live.

Understand What Comes Next

Learn what to prepare, what to watch out for, and whether a quitclaim deed is actually the right document for your situation.

Learn the Basics Before You Begin

If this is your first time dealing with a quitclaim deed, spending a few minutes on the basics can save you an expensive mistake later.

Our guide explains:

  • What a quitclaim deed is, in plain English
  • Which situations it fits, and which it does not
  • When another type of deed is a better choice
  • What information belongs on the deed
  • What happens after signing and recording

Legal terms are explained in plain English as they come up, so you do not need to know any of them beforehand.

Read the Complete Guide

1. What Is a Quitclaim Deed?

A quitclaim deed transfers whatever ownership interest one person has in real estate to someone else. An ownership interest is the set of rights a person holds in a property. Someone may hold all of those rights, or a share of them, or, and this is the part that matters, no valid rights at all.

The key phrase is whatever ownership interest. The deed transfers only the rights the signer actually has, and promises nothing beyond them.

If the person signing owns the entire property, the deed transfers that ownership. If they own only part, it transfers only that part. If they turn out to own nothing at all, the quitclaim deed transfers nothing, and the person receiving it has no recourse.

Deeds use their own words for the two sides, and you will meet them on every form. The grantor is the current owner giving up their interest, and is usually the person who signs. The grantee is the person or company receiving it. That is all those two words mean.

Simple Example

Mary owns a home in her own name. She signs a quitclaim deed transferring the home into her living trust, an estate-planning arrangement that holds property during her lifetime and directs where it goes after she dies. Because Mary already knows exactly what she owns, a quitclaim deed is a practical way to move the property.

That example shows why quitclaim deeds are common between people who already know and trust each other, whether family members, spouses, former spouses, or an owner moving property into their own trust. Nobody in those situations needs a guarantee from the other side.

Common misunderstanding:

A quitclaim deed does not guarantee that the title is clear. It transfers ownership rights, but it makes no promise that the property is free of liens, which are legal claims against it for things like unpaid debts, taxes, judgments, or work done on the property. It says nothing about title defects, meaning problems in the ownership record such as an unresolved claim, an error, or a missing signature. Boundary disputes and competing ownership claims are not covered either.

2. Which Situation Are You In?

Most people arrive here holding a situation rather than a document. Find yours below — each one explains whether a quitclaim deed is the right tool, and what it will and will not accomplish.

I just got married and want my spouse on the title

A quitclaim deed can add your spouse to the deed, but it does not add them to the mortgage — the loan stays in your name alone. And in nine community property states, a home bought during the marriage may already belong to both of you.

My ex is still on the deed after the divorce

A quitclaim deed removes them from the title but not from the mortgage. If the loan is in both names, they stay liable for it — and it stays on their credit. If your divorce decree orders the transfer, the wording matters.

I want to transfer property to a family member

Giving property away during your lifetime passes your original cost basis to the person receiving it. That can leave them with a capital gains bill they would not have owed if they had inherited it instead.

My aging parent wants to add me to their deed

This is the situation where a quitclaim deed is most often the wrong answer. Adding a child during your lifetime can leave them a larger capital gains bill than inheriting the same property would have. Where a transfer-on-death deed is available, it can keep the owner in control during life and pass the property at death instead. A lifetime transfer can also affect Medicaid eligibility.

I am moving my property into a trust

One of the most routine uses of a quitclaim deed. What trips people up is the exact legal name of the trust, and remembering to notify the title insurer and lender afterward.

There is a mistake or an old name on my deed

A misspelled name or an old name often needs no fix at all; a flawed legal description does. The fix is a correction affidavit or a corrective deed, never an altered original.

Whichever situation applies, preparing the document is only one part of the process. The legal description, signing requirements, notarization, recording procedures, forms, and fees are set by your state and county.

3. What a Quitclaim Deed Does Not Do

A quitclaim deed changes who owns the property. It does not touch the debts, claims, or disputes attached to it.

A quitclaim deed does not:

The mortgage point is worth repeating.

The deed and the mortgage are two separate documents. Taking someone off the deed does not take them off the loan, and putting someone on the deed does not make them responsible for it. Changing who is responsible for the loan takes the lender's involvement, most often a refinance, and sometimes an assumption or another arrangement the lender approves. It is the most common misunderstanding about quitclaim deeds.

Be careful when buying property from a stranger.

If you are paying money to buy property from someone you do not know well, a quitclaim deed offers very little protection. You want title research, title insurance, and a deed that includes real promises from the seller. Title research means having someone go through the land records for the ownership history, liens, claims, easements, and anything else affecting the property. Title insurance covers a buyer or a lender against certain losses caused by title problems that were already there before the policy was issued.

A quitclaim deed is one of several types of deeds used to transfer real estate. It works well for the right purpose and poorly for the wrong one. Understanding what it does not do is what tells you which situation you are in.

4. Quitclaim Deed vs. Warranty Deed

The difference between a quitclaim deed and a warranty deed comes down to promises. A warranty in a deed is a promise about ownership or title. A quitclaim deed generally makes no such promises. A warranty deed does.

Issue Quitclaim Deed Warranty Deed
What it transfers Whatever ownership interest the grantor has Ownership, together with promises about the title
Title protection No promise of clear title Includes promises about title quality
Common use Family, spouse, trust, divorce, or correction transfers Traditional real estate sales
Best for Transfers between people who already know the situation Buyers who want protection

A warranty deed is used in a normal sale because the buyer wants protection. It carries promises from the grantor that they hold good title and have the right to transfer the property, though exactly which promises, and how far they reach, depends on state law and on the wording of the deed itself. A quitclaim deed is used when the parties already know each other and are not asking for any of that.

Where the Grant Deed Fits

The table above shows the two ends of a range, not the only two choices. Some states use a deed that sits between them, and the one you are most likely to meet is the grant deed.

California is the clearest case, and worth knowing about because so much property changes hands there. Its standard deed for a sale is a grant deed, and under California law the word grant carries two implied promises and only two: that the grantor has not already transferred the same interest to somebody else, and that the grantor has not created encumbrances on the property. Both are about what the grantor did. Neither reaches back to the owners before them, and that older history is what a full warranty deed covers.

A grant deed therefore promises more than a quitclaim deed and less than a warranty deed. Do not assume your state offers only the two forms in the table. Your state page names the deeds actually used where the property is located.

A few states treat quitclaim deeds cautiously.

In some states, courts have held that unclear quitclaim wording may release a claim rather than transfer ownership outright. In those states, title companies are sometimes reluctant to insure a property with a quitclaim deed in its history, which can complicate a future sale or refinance. A title company where the property is located can tell you whether either of those applies.

5. What You Need Before Preparing a Quitclaim Deed

Gather this before you start filling anything out. It prevents most of the mistakes that get deeds rejected at the recorder's counter.

Three of those are worth a word of explanation. The current owner is whoever the existing deed and the land records actually show as holding the property, which is not always the person you would expect. The new owner is the person or company receiving it, called the grantee on the deed itself. The parcel number is the identifying number the county or local tax office assigns to the property, and some recording offices want it on the document while others do not.

What is being paid is explained further down, under What to Put for the Amount, because in many states that figure decides the tax.

The legal description matters more than anything else on the list. It is the official description of the land as it appears in deeds and county records, and it is not the street address. A street address identifies a mailbox. The legal description identifies the land, and it is what the deed records depend on. Copy it exactly, character for character.

Tip:

Do not take the legal description from a property tax bill or an online map. Both are frequently abbreviated or wrong. Use the current recorded deed or the official county land records.

Want to see how this comes together on the page? Check out our filled-out quitclaim deed example for a plain-English walkthrough.

6. How to Complete a Quitclaim Deed

Here is the whole process in order. Each step is covered in more detail elsewhere on this page, because the answer to most of them depends on where the property is located.

  1. Confirm that a quitclaim deed is the right document for this transfer.
  2. Get a copy of the current recorded deed.
  3. Enter the grantor and grantee names exactly as they need to appear.
  4. Copy the property's legal description from that deed exactly.
  5. State what is being paid for the property, if anything.
  6. State how the new owner or owners will hold title.
  7. Add the line naming who prepared the deed, if your state requires one.
  8. Complete any transfer, tax, or disclosure form your state or county requires.
  9. Sign in front of a notary, with any witnesses your state requires.
  10. Record the finished deed with the county recording office for the property's location.

Every one of those steps has a state answer, and several have a county answer as well. Check the instructions for the state where the property sits before you prepare or sign anything.

What to Put for the Amount

Almost every deed form asks what is being paid. The word for it is consideration, and it means whatever the new owner gives in exchange. On a sale that is the price. On a gift it may be nothing at all.

Older deeds and many blank forms carry a traditional phrase: ten dollars and other good and valuable consideration. It dates from a time when a deed had to show that something was exchanged, and it tells a reader nothing about what actually happened. Some states no longer accept it. Kentucky requires the grantor and the grantee to swear to the real price, or to state that the transfer is a gift and give the property's fair cash value.

The figure matters because many states calculate transfer tax from the amount stated on the deed. It is not a formality. Say what actually changed hands. If nothing did, your state page explains how to word it.

A mortgage can count as part of the amount, and states disagree about whether it does.

Florida treats the balance of a mortgage or other lien on the property as consideration, whether or not the new owner takes the debt on, which catches families who believed they were making a gift. California excludes the value of a lien that stays in place. Check your state page before you write a number down.

Who Prepared the Deed

Many states will not record a deed unless it says who prepared it. The line is short — some form of this instrument was prepared by, then a name, and often an address. Wisconsin says drafted rather than prepared. It goes at the top of the first page in some states and at the end of the deed in others.

It is not a claim to be a lawyer. If you filled the form in yourself, you are the preparer and your own name belongs on that line. In North Carolina the register does not check further.

Where it is required, leaving it off is enough to get the deed handed back at the counter. Florida and Tennessee both refuse a deed without it. Virginia goes further for a house or small residential property, where the first page has to say the deed was prepared by the owner or by a Virginia attorney. Idaho does not ask for it at all. Your state page says which of those applies to you.

7. Ownership Choices Matter

If more than one person will own the property after the transfer, the deed has to state how they hold it together. This wording, sometimes called vesting, determines what happens when one owner dies, whether the property has to go through probate, and in some cases whether a creditor of one owner can reach it. Probate is the court process for handling what a person owned after they die. Some ownership arrangements avoid it and others do not.

Most people preparing their own deed never think about this and accept whatever the form defaults to. It deserves more attention than that.

Tenants in Common

Tenants in common means each owner holds a separate share. When one owner dies, that share passes through their estate rather than automatically to the other owners, unless some other planning tool is in place. It is useful when co-owners want to leave their share to someone else, for example children from a previous marriage.

Joint Tenancy With Right of Survivorship

Joint tenancy with right of survivorship means the surviving owner or owners receive the deceased owner's interest automatically, without probate. Whether it actually works that way depends on state law and on the exact wording of the deed, which is why the phrasing is worth getting right. It is widely available and commonly chosen by couples and co-owners who want the property to pass simply.

Tenancy by the Entirety

Tenancy by the entirety is open only to married couples, and only in the states that recognize it — roughly half. The couple holds the whole property together rather than in separate shares. It works like joint tenancy with survivorship and adds meaningful creditor protection: in most states that offer it, a creditor of one spouse alone generally cannot force a sale of the home. That protection is why couples with business or professional liability often choose it where it is available.

Community Property With Right of Survivorship

This option exists in some of the nine community property states, which are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. What a married couple acquires during the marriage in one of them generally belongs to both of them equally, and this way of holding title builds on that. What the survivorship wording adds is automatic transfer at death, so the surviving spouse does not need probate to take full ownership.

The tax advantage usually mentioned alongside it comes from somewhere else. Community property generally receives a stepped-up basis on both halves when the first spouse dies, rather than only on the deceased spouse's half, and that reset follows from the property being community property rather than from adding survivorship to the title. On a home that has appreciated substantially, the difference can be worth a great deal at a future sale. A couple whose home is already community property does not have to re-title it to get that treatment. Whether a particular property counts as community property is its own question: what one spouse owned before the marriage, or inherited during it, is usually separate property.

Do not guess on ownership wording.

A few words change what happens later, and correcting it after recording requires another deed and everyone's cooperation. Which options are available depends on your state, and so does the exact phrasing the recorder expects. Check your state page before you sign.

8. Signing, Notarization, and Remote Online Notarization

In most states, the grantor signs the quitclaim deed in front of a notary public, an official whose role is to confirm who is signing and to complete the notary wording a recorder requires. Some states require witnesses in addition to the notary. A few require the grantee to sign as well, and states with strong homestead protections may require both spouses to sign regardless of whose name is on the deed.

The notary is not reviewing whether the deed is a good idea. Their job is to verify identity, take the acknowledgment, and complete the notary block correctly. The acknowledgment is the wording confirming that the signer appeared, was identified, and acknowledged signing the document. A notarized deed is not a reviewed deed.

Remote Online Notarization (RON) lets you meet a notary over secure live video instead of appearing in person. When each state's rules were last checked, on September 9, 2026, it was up and running in 41 of the 50 states. In the other nine it was either not available or available only in part: Alabama, California, Connecticut, Georgia, Louisiana, Massachusetts, Mississippi, North Carolina, and South Carolina.

Before using online notarization for a deed, confirm two things separately: that your state authorizes it for real property documents, and that the specific county recording office will accept a remotely notarized deed. The second does not always follow from the first.

Each state's status, with a link to the official source it was checked against, is in our Remote Online Notarization by State guide.

9. Recording the Deed

After the deed has been signed and properly notarized, it should be recorded with the county recording office where the property is located. Recording puts the ownership change into the public land records, which helps protect the new owner's interest against later competing claims. An unrecorded deed creates problems that can surface years later.

The recording office goes by different names depending on the state: County Recorder, Recorder of Deeds, Register of Deeds, Clerk and Recorder, Chancery Clerk, or another local title.

How Can I Record My Deed?

Many counties accept deeds by mail, most welcome walk-in recordings during business hours, and a growing number participate in electronic recording (eRecording) through approved providers. Available options vary by county.

Before submitting, check the county's website or call the recording office to confirm accepted submission methods, recording fees, payment options, formatting requirements, and any required supplemental forms. Formatting rules are real — margins, paper size, and font requirements get documents rejected.

Helpful Tip: If you mail your deed, use a service with tracking and include a self-addressed stamped envelope if requested so your recorded deed comes back to you promptly.

Before You Record

  • Review the deed for accuracy, especially names and the legal description.
  • Confirm all required signatures, witnesses, and notarizations are complete.
  • Include any required forms.
  • Verify recording fees and accepted payment methods.
  • Confirm you are sending it to the correct county — the one where the property sits, not where you live.

After recording, the county will return the original recorded deed or provide a recorded copy, depending on its normal procedures. Keep it. You will need it the next time the property changes hands.

10. Taxes, Transfer Forms, and Required Disclosures

This is where state-specific rules matter most, and where do-it-yourself deeds most often go wrong.

Some states charge a transfer tax when real estate changes ownership. It goes by different names from state to state: deed tax, documentary tax, realty transfer fee, and others. Some states charge none at all. Some counties and cities add their own on top of the state's.

Many states exempt family and spousal transfers from transfer tax — but the exemption usually has to be claimed on the deed or an accompanying form. It is rarely automatic. Miss the form and the recorder charges the tax.

States also require various supplemental documents: transfer declarations, certificates of value, affidavits, assessor forms, tax statements, water-right disclosures, or local cover sheets. A certificate of value is a form that reports the value or the details of a transfer so the county can use it for tax or assessment purposes. An affidavit is a written statement made under oath, and several states require one alongside certain deeds.

Separately, watch for property tax reassessment. In states where a transfer can reset the assessed value, a deed between family members can trigger a permanent increase in the annual tax bill — unless an exclusion applies and you file the right claim form. California is the best-known example, but it is not the only one.

Plain-English rule:

Do not assume a quitclaim deed is tax-free just because it is not a sale. Do not assume tax is due without checking exemptions either. The answer depends on your state, your county, and the reason for the transfer.

11. Common Quitclaim Deed Mistakes to Avoid

Nearly all of these are avoidable. Slow down, use the current recorded deed as your reference, read your state page, and call the county recording office before you submit. Recording clerks answer this kind of question all day and are usually glad to tell you what they need.

12. Choose Your State

Quitclaim deed rules are not the same everywhere. Choose the state where the property is located for recording office names, notarization and witness rules, transfer taxes, required forms, and special state requirements.

13. Quitclaim Deed FAQ

Can I prepare my own quitclaim deed?

Many people do, especially for simple family, spouse, trust, or correction transfers. What matters is accurate information, the correct legal description, proper notarization, and following your state and county recording process.

Can a quitclaim deed remove someone from a mortgage?

No. A quitclaim deed changes who is listed on title, but it does not remove anyone from a mortgage loan. The loan is a separate contract with the lender. Changing who owes it takes the lender's agreement, usually through refinancing, and sometimes through an assumption or another arrangement the lender approves.

Can I add my spouse with a quitclaim deed?

Yes, and it is one of the most common uses. It does not add them to the mortgage. The ownership wording matters, because it determines what happens when one spouse dies and whether a creditor of one spouse can reach the home. See our guide on adding a spouse to the deed.

Will my lender call the loan due if I transfer the property?

Usually not, when the transfer is one federal law protects. For a loan on residential property with fewer than five dwelling units, the Garn-St Germain Depository Institutions Act lists transfers a lender may not use a due-on-sale clause against. They include a transfer where your spouse or children become an owner, a transfer to your spouse under a divorce or separation decree, and a transfer into a living trust where you remain a beneficiary and the right to live there does not change. Transfers outside that list, and loans on larger buildings, are not covered. Read your loan documents before signing a deed, and notify your servicer afterward.

Can I transfer property to my trust?

A deed is the normal way to move property into a living trust. The deed must name the trust exactly as the trust document does, including the trustee's name and the trust date. Notify your title insurer and lender after recording.

Does a quitclaim deed need witnesses?

Some states require witnesses in addition to notarization, and others do not. A few require the person receiving the property to sign as well. Check the state page for the property location before signing.

What happens after the deed is recorded?

The deed becomes part of the public land records. The county returns the recorded document or provides access to a copy. Some states or counties require additional tax or assessor filings afterward, and you should update your homeowner's insurance to reflect the new ownership.

Can I change my mind after recording a quitclaim deed?

Not by tearing it up or asking the county to undo it. Once recorded, the other person owns what you gave them. Reversing it requires a new deed signed by them, or a court order. This is the reason to be sure before recording rather than after.

Is this legal advice?

No. This guide provides general educational information only. It is not legal advice and does not replace advice from a qualified professional familiar with your specific situation and the laws of your state.

Where the Federal Rules Come From

Most of what this guide describes is set by state law, and those sources sit on the state pages, where they belong. A handful of points above are federal, and this is where they come from.

You do not need any of this to use the guide. It is here so that you, or an attorney, can check the exact wording. U.S.C. stands for the United States Code, the collected federal statutes, and the numbers are only an address: a title, then a section, the way a street name and a house number get you to one front door. Each link opens the official text in a new tab.

Want Help With Your Next Step?

Many property owners handle this themselves and do it well. Others would rather not guess, particularly when legal descriptions, recording rules, notarization, required forms, taxes, or ownership wording are involved.

If you want help choosing your next step, visit our Quitclaim Deed Help page.