Quitclaim Deed
A quitclaim deed is a legal document that transfers whatever ownership interest the grantor may have in a property without any warranties or guarantees about the quality of title, offering the least protection to the buyer.
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Exam Tip
Quitclaim = NO WARRANTIES. Transfers only what grantor has (which may be nothing). Used for family transfers and clearing title.
What is a Quitclaim Deed?
A quitclaim deed is the simplest form of property transfer document. The grantor (seller) conveys whatever interest they have in the property—which could be full ownership, partial ownership, or nothing at all. Unlike warranty deeds, a quitclaim makes no promises about the quality of title being transferred.
Key Characteristics
| Feature | Description |
|---|---|
| Warranties | None—no guarantees about title |
| Protection | Lowest level for buyer |
| What's Transferred | Whatever interest grantor has (if any) |
| Common Use | Family transfers, divorce, clearing clouds |
When Quitclaim Deeds Are Used
| Situation | Purpose |
|---|---|
| Family transfers | Gifts between relatives |
| Divorce | Transfer interest to ex-spouse |
| Add/remove spouse | After marriage or divorce |
| Clear clouds | Release old claims on title |
| Correct errors | Fix name spelling, etc. |
| LLC transfers | Personal to business entity |
Quitclaim vs. Warranty Deeds
| Feature | Quitclaim | Warranty |
|---|---|---|
| Warranties | None | Full guarantees |
| Protection | None | Against all title defects |
| Risk | Buyer assumes all | Seller liable |
| Cost | Usually less | May cost more |
| Common use | Family, cleanup | Arm's length sales |
What Quitclaim Does NOT Guarantee
- That grantor actually owns the property
- That title is free of liens
- That there are no prior claims
- That grantor has right to convey
- Defense against title challenges
Legal Requirements
| Element | Required? |
|---|---|
| Written document | Yes |
| Grantor signature | Yes |
| Notarization | Usually yes |
| Legal description | Yes |
| Grantee acceptance | Implied |
| Recording | Recommended |
Risks of Accepting a Quitclaim
- May receive nothing (if grantor has no interest)
- No recourse against grantor for defects
- Title insurance may not cover
- Lender may refuse for purchase
Study This Term In
Related Terms
Warranty Deed
A warranty deed is a type of deed that provides the highest level of protection for the buyer, with the grantor guaranteeing clear title and promising to defend against any claims to the property.
Deed
A deed is a legal document that transfers ownership (title) of real property from one party to another.
Title
Title is the legal right to own, use, and dispose of real property, representing the bundle of rights that come with property ownership.
Special Warranty Deed
A special warranty deed is a deed where the grantor only guarantees clear title for the period they owned the property, not for the entire history of ownership, providing less protection than a general warranty deed.
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