Quitclaim Deed

What Is a Quitclaim Deed?

A quitclaim deed conveys the grantor's interest in real property — whatever that interest may be — without warranties or guarantees. If the grantor has good title, the grantee receives good title; if the grantor has no interest, the grantee receives nothing. The instrument provides no recourse against the grantor for title defects, making it suitable only for situations where the parties trust each other or the quality of title is not in dispute.

Common Uses for Quitclaim Deeds

• Transfers between family members (gifts, inheritance distributions) - Spousal transfers in divorce or estate planning - Adding or removing a spouse from title - Clearing clouds on title from prior owners or potential claimants - Transferring property into or out of a trust or LLC - Resolving boundary disputes between neighbors

When to Avoid Quitclaim Deeds

Quitclaim deeds are inappropriate for arm's-length sales, where buyers expect warranties of clear title. They are also generally inadequate when seeking title insurance, because most title insurers require a warranty deed or grant deed. Recording a quitclaim deed creates a public record of the transfer but does not extinguish other claims. Recipients should consider obtaining a title search and title insurance even when accepting a quitclaim deed, particularly if the grantor's chain of title is uncertain.