Quitclaim Deed Explained: When to Use One (And When Not To)
A quitclaim deed transfers whatever interest the grantor has in a property — with no warranties or guarantees about the quality of that interest. The grantor is essentially saying: "I give you whatever I have, but I make no promises about what that is."
Quitclaim vs. Warranty Deed
| Feature | Quitclaim | Warranty Deed |
|---|---|---|
| Guarantees | None | Full title warranties |
| Protection | No recourse if title issues arise | Grantor liable for title defects |
| Common use | Family transfers, divorce, trusts | Standard real estate sales |
| Title insurance | Usually not available | Standard |
When Quitclaim Deeds Are Appropriate
- Transferring between family members — adding or removing a spouse, transferring to children
- Transferring to your LLC or trust — for asset protection purposes
- Divorce settlements — one spouse quitclaims their interest to the other
- Clearing title defects — a previous owner quitclaims to clear a cloud on title
- Gift transfers — gifting property with no sale involved
When NOT to Use a Quitclaim
- Purchasing from a stranger — you have no protection if they do not actually own the property
- Investment purchases — always insist on a warranty deed for any purchase from a non-family seller
- When financing is involved — most lenders require a warranty deed
Recording Requirements
Like all deeds, quitclaim deeds must be recorded with the county recorder to be effective against third parties. The deed must be signed, notarized, and include a legal description of the property. Recording fees vary by county ($10-$50 typically).