Thinking About Using a Quitclaim Deed?
You are in the right place. Most people only prepare one or two deeds in their lifetime, so it is completely normal if the words feel unfamiliar at first.
This guide explains what a quitclaim deed does, when it is commonly used, when it may be risky, how notarization and recording work, and what to check before moving forward.
We will keep the language simple. When a legal term matters, we will explain it in plain English before using it.
Important:
This guide explains general quitclaim deed concepts. Each state has its own recording office names, formatting rules, notarization rules, transfer forms, taxes, fees, and local procedures. After reading this guide, choose your state for the specific requirements where the property is located.
1. What Is a Quitclaim Deed?
A quitclaim deed is a legal document used to transfer whatever ownership interest one person has in real estate to someone else.
The key phrase is whatever ownership interest. That means the deed transfers only the rights the signer actually has.
If the person signing the deed owns the entire property, the deed may transfer that ownership. If the person owns only part of the property, the deed transfers only that part. If the person does not actually own the property, the quitclaim deed may transfer nothing at all.
Simple Example
Mary owns a home in her own name. She signs a quitclaim deed transferring the home into her living trust. Because Mary already knows she owns the home, a quitclaim deed may be a practical way to update ownership for estate-planning purposes.
A quitclaim deed is often used between people who already know and trust each other, such as family members, spouses, former spouses, or people transferring property into a trust.
Common misunderstanding:
A quitclaim deed does not guarantee that the title is clear. It transfers ownership rights, but it does not promise that there are no liens, title defects, boundary issues, or ownership disputes.
2. Common Reasons People Use Quitclaim Deeds
Quitclaim deeds are most often used when the people involved already understand the situation and are not relying on the deed for title protection.
- Adding a spouse to the title after marriage
- Removing a former spouse after divorce
- Transferring property to a family member
- Moving property into or out of a living trust
- Correcting certain ownership or name issues
- Transferring property between related business entities
- Clearing up minor title questions
- Handling some estate-planning or inheritance-related transfers
Example: Transferring Property to an Adult Child
A parent wants to transfer ownership of a home to an adult child. Because this is a transfer between family members—not a traditional sale to someone outside the family—a quitclaim deed is often an appropriate option.
However, preparing the deed is only part of the process. Depending on your state, you may also need to consider gift tax rules, recording fees, disclosure forms, transfer certificates, or other state-specific requirements.
Before signing or recording the deed, review your state's requirements to make sure all required forms and procedures are completed correctly.
3. What a Quitclaim Deed Does Not Do
A quitclaim deed changes the ownership of the property. It does not automatically clear up existing legal or financial issues such as mortgages, liens, unpaid property taxes, or ownership disputes.
A quitclaim deed does not automatically:
- Guarantee clear title
- Remove a mortgage
- Remove liens
- Pay property taxes
- Fix boundary disputes
- Replace title insurance
- Prove that the grantor owns the property
- Complete required state transfer forms
- Change local tax records by itself
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 may offer too little protection. You may want title research, title insurance, and a deed that includes stronger promises from the seller.
A quitclaim deed is simply one of several types of deeds used to transfer real estate. Like any legal document, it works well when used for the right purpose and may not be the best choice for every situation.
Understanding what a quitclaim deed does—and just as importantly, what it does not do—will help you decide whether it is appropriate for your particular situation.
4. Quitclaim Deed vs. Warranty Deed
The difference between a quitclaim deed and a warranty deed comes down to promises.
| Issue | Quitclaim Deed | Warranty Deed |
|---|---|---|
| What it transfers | Whatever ownership interest the grantor has | Ownership with warranties or promises about title |
| Title protection | Usually no promise of clear title | Usually 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 stronger protection |
A warranty deed is often used in a normal sale because the buyer wants protection. A quitclaim deed is often used when the parties already know each other and are not asking for those same warranties.
5. What You Need Before Preparing a Quitclaim Deed
Before filling out a deed, gather the information you will probably need. This prevents mistakes and makes the recording process smoother.
- The current recorded deed
- The full legal name of each current owner
- The full legal name of each new owner
- The mailing address for the new owner
- The property’s complete legal description
- The county where the property is located
- The parcel number, if required or helpful in that county
- The return mailing address after recording
- Any required transfer form, tax form, or disclosure form
- Recording fee information from the county recording office
The legal description is especially important. A street address is helpful for people, but the legal description is what identifies the property in the deed records.
Tip:
Do not rely only on a property tax bill or online map for the legal description. The safest starting point is usually the current recorded deed or official county land records.
6. Ownership Choices Matter
If more than one person will own the property after the transfer, the wording on the deed matters. It may affect what happens if one owner dies, whether probate is needed, and how each person’s share can be transferred.
Tenants in Common
Tenants in common generally means each owner has a separate ownership share. That share can usually pass through the owner’s estate when they die.
Joint Tenancy With Right of Survivorship
Joint tenancy with right of survivorship generally means the surviving owner may automatically receive the deceased owner’s interest.
Do not guess on ownership wording.
A few words can change what happens later. If two or more people will own the property, choose the ownership wording carefully and check your state’s rules.
7. Signing, Notarization, and Remote Online Notarization
In most cases, the grantor signs the quitclaim deed in front of a notary public.
The notary does not decide whether the deed is a good idea. The notary’s job is usually to verify identity, witness the acknowledgment, and complete the notary section properly.
Some states allow Remote Online Notarization (RON), which lets you meet with a notary through secure live video instead of traveling to an office.
Before using online notarization for a deed, confirm that it is allowed for your state and that the county recording office will accept the remotely notarized document.
Want to know whether your state allows online notarization? Visit our Remote Online Notarization by State guide for a state-by-state overview.
8. Recording the Deed
After the deed has been signed and properly notarized, it should generally be recorded with the county recording office where the property is located. Recording creates a public record of the ownership transfer and helps protect the new owner's interest.
The recording office goes by different names depending on the state, such as 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, many welcome walk-in recordings during business hours, and some participate in electronic recording (eRecording) through approved providers. Available options vary by county.
Before submitting your deed, check the county's website or contact the recording office to confirm accepted submission methods, recording fees, payment options, formatting requirements, and any required supplemental forms.
Helpful Tip: If you mail your deed, consider using a service with tracking and include a self-addressed stamped envelope if requested so your recorded deed can be returned promptly.
Before You Record
- Review the deed for accuracy.
- Confirm all required signatures and notarizations are complete.
- Include any required forms.
- Verify recording fees and payment methods.
- Confirm the correct recording office.
After recording, the county will generally return the original recorded deed or provide a recorded copy, depending on its normal procedures.
9. Taxes, Transfer Forms, and Required Disclosures
This is where state-specific rules matter most.
Some states charge transfer tax, deed tax, documentary tax, realty transfer fee, or another recording-related tax when real estate changes hands. Some states have no statewide transfer tax. Some counties or cities may have their own rules.
Some states also require extra forms, such as transfer declarations, certificates of value, affidavits, assessor forms, tax statements, water-right disclosures, or local cover sheets.
Plain-English rule:
Do not assume a quitclaim deed is tax-free just because it is not a normal sale. Also do not assume tax is due without checking exemptions. The correct answer depends on your state, your county, and the reason for the transfer.
10. Common Quitclaim Deed Mistakes to Avoid
- Using only the street address instead of the legal description
- Misspelling names or using inconsistent names
- Choosing the wrong ownership wording for multiple owners
- Forgetting notarization
- Recording in the wrong county
- Ignoring state transfer tax or exemption rules
- Forgetting required state or county forms
- Assuming a quitclaim deed removes a mortgage
- Assuming a quitclaim deed guarantees clear title
- Signing a deed without understanding whether it can be reversed
- Failing to keep a recorded copy
Most mistakes are avoidable if you slow down, use the current deed as a reference, check your state page, and confirm the county recording requirements before submitting the document.
11. Choose Your State
Quitclaim deed rules are not identical in every state. Choose the state where the property is located for recording office names, notarization rules, witness rules, taxes, forms, and special requirements.
12. Quitclaim Deed FAQ
Can I prepare my own quitclaim deed?
Many people prepare their own quitclaim deed, especially for simple family, spouse, trust, or correction transfers. The important part is using accurate information, the correct legal description, proper notarization, and the right state and county recording process.
Can a quitclaim deed remove someone from a mortgage?
No. A quitclaim deed may change who is listed on title, but it does not automatically remove anyone from a mortgage loan. The lender controls loan responsibility.
Can I add my spouse with a quitclaim deed?
A quitclaim deed is often used to add a spouse to title. The exact ownership wording should be chosen carefully because it may affect future rights, inheritance, and ownership after death.
Can I transfer property to my trust?
Many people use a deed to transfer property into a living trust. The deed wording should match the trust documents, and state recording requirements should be checked before recording.
Does a quitclaim deed need witnesses?
Some states require witnesses for deeds and others do not. Check the state page for the property location before signing.
What happens after the deed is recorded?
After recording, the deed becomes part of the public land records. The county usually returns the recorded document or provides access to a recorded copy. Some states or counties may require additional tax or assessor filings.
Can I change my mind after recording a quitclaim deed?
Usually not by simply tearing it up or asking the county to undo it. A new deed, court order, or legal action may be required depending on the facts. Think carefully before signing and recording.
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.