Quitclaim Deed

A Quitclaim Deed in the United States transfers an interest in property between the named parties and records the terms of that transfer.

Quitclaim deeds are governed by state-specific real property statutes. Most states require notarization and recording with the county recorder or register of deeds to provide constructive notice to third parties. Under the recording acts — whether race, notice, or race-notice jurisdictions — an unrecorded quitclaim deed may be subordinate to subsequent bona fide purchasers.

The deed type is most commonly used in non-arm's-length transactions where the parties know and trust each other: family transfers, divorce settlements under court order, transfers into living trusts, and corrections to title defects. Because no title search or title insurance typically accompanies a quitclaim, the grantee assumes all risk regarding liens, encumbrances, or competing claims. The IRS may treat certain quitclaim transfers as taxable gifts under IRC Section 2501 if the consideration is below fair market value, potentially triggering gift tax reporting requirements on Form 709.

A quitclaim deed is appropriate when transferring property between spouses during marriage to change how title is held — for example, converting from individual ownership to joint tenancy or tenancy by the entirety. In divorce proceedings, courts frequently order one spouse to execute a quitclaim deed as part of the property division under the final decree.

Family property transfers are another primary use case: a parent deeding a home to an adult child, siblings redistributing inherited property, or adding a new spouse to an existing title. Transferring personally held property into a revocable living trust to avoid probate also typically uses a quitclaim deed. Title companies may request one to clear a cloud on title, such as when a prior owner's interest was never formally released.

Quitclaim deeds also serve to release an ex-partner's claim on property after a relationship ends, to correct misspellings or errors in a previously recorded deed, or to transfer property between a sole proprietor and their LLC. Without a properly executed and recorded deed, ownership disputes can escalate into costly quiet title actions, where litigation expenses often exceed $5,000 to $15,000.

A legally effective quitclaim deed must contain several essential elements. The grantor identification must include the full legal name matching public records, along with marital status in community property states like California, Texas, and Arizona.

The legal description of the property is critical and must match the description recorded with the county assessor's office — typically a lot-and-block reference from a recorded plat, or a metes-and-bounds description. The street address alone is insufficient for recording purposes. The county and state where the property is situated must be stated, as this determines the proper recording office.

Consideration should be stated even for gift transfers — nominal consideration of $1.00 or "love and affection" satisfies the requirement while potentially affecting transfer tax obligations. The deed must include words of conveyance such as "remise, release, and quitclaim" that clearly express the grantor's intent to transfer. Notarization is required in virtually all states for the deed to be recordable. Some states require witnesses — Florida requires two, for instance. A notary acknowledgment block with the notary's signature, seal, and commission expiration must be included. Finally, the deed should be recorded promptly with the appropriate county office to protect the grantee's interest against subsequent claims.