A Quitclaim Deed is a simple legal instrument used to transfer whatever interest a grantor may have in real property to a grantee, without warranties or covenants of title. Use this template when transferring property between family members, putting property into or out of trust, correcting a name on title, or when a simple, fast transfer of any existing interest is acceptable. Key clauses in this form include the parties and consideration, the granting (quitclaim) clause, a full legal description of the property, reservation of easements and restrictions, an acknowledgement that the grantor makes no warranties as to title, spouse joinder (if required by state law), tax and recording instructions, delivery and acceptance, and a notary acknowledgement for recording. Customize placeholders such as [GRANTOR NAME], [GRANTEE NAME], [LEGAL DESCRIPTION], [DATE], [COUNTY], and [STATE] before execution.
Quitclaim Deed
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What is a Quitclaim Deed?
A quitclaim deed is a short legal form used to transfer whatever ownership interest one party (the grantor) has in real property to another party (the grantee) without any warranties or guarantees about title. Its purpose is to pass along interest quickly and cheaply, and it is commonly used between family members, divorcing spouses, or to clear or simplify title rather than to provide buyer protection.
Key Components
A legally effective Quitclaim Deed must include the following elements:
- Names and addresses of the grantor(s) and grantee(s)
- Clear legal description of the property (not just street address)
- Granting clause stating the grantor quits, releases, and conveys interest
- Statement of consideration (even nominal, e.g., $1 or love and affection)
- Date of execution
- Grantor signature(s) and any required witness signatures
- Notary acknowledgment and a recorded filing block for the county recorder
When to Use This Template
- Transferring property between family members (e.g., parent to child) where buyer protections are not needed
- Transferring ownership between spouses or ex-spouses after divorce to effect property division
- Conveying property into or out of a trust or into a closely held entity like an LLC
- Clearing up or removing a potential cloud on title when the grantor’s exact interest is unknown
- Quickly transferring interest when speed and cost matter more than title warranties (e.g., intra-family estate planning)
Frequently Asked Questions
What does a quitclaim deed actually do?
A quitclaim deed transfers whatever interest the grantor currently has in a property to the grantee without promising the grantor even has valid title. It conveys rights 'as is,' so the grantee accepts any title defects or liens that may exist.
How is a quitclaim deed different from a warranty deed?
A warranty deed includes express guarantees that the grantor owns the property and will defend the title against claims, while a quitclaim deed makes no such promises. Because of that, quitclaims offer less protection and are usually used in non‑arm’s‑length or low‑risk situations.
Can I use a quitclaim deed to transfer property to my spouse or ex-spouse?
Yes—quitclaim deeds are commonly used to transfer property between spouses or to formalize divorce property settlements, but spouses should ensure the deed language and any mortgage obligations are handled properly. Recording the deed and updating lender information (if required) are important follow-ups.
Do I need to record a quitclaim deed and do I need a lawyer to prepare it?
Recording the deed with the county recorder is not always legally required but is strongly recommended to protect the grantee’s interest and provide public notice; most counties also require a notarized signature for recording. You don't always need a lawyer for a simple intra‑family transfer, but consult an attorney or title professional if there are liens, mortgages, tax implications, or unclear title issues.
Legal Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before signing any legal document.