A quit claim deed, sometimes written as “quitclaim deed,” is a short legal document used to transfer whatever ownership interest a person currently has in real property to someone else. The person transferring ownership is the grantor, and the person receiving it is the grantee.
Unlike a warranty deed, which guarantees a clear title, a quit claim deed makes no promises about whether the grantor actually owns the property, whether the ownership is complete, or whether liens or other claims exist. It simply transfers whatever interest the grantor holds at the time of signing.
Because of this, quit claim deeds are typically used in situations where the parties already know each other and understand the property’s history, such as family transfers, marriage or divorce, or moving a property into a trust or business entity.
Common Uses for a Quit Claim Deed
A quit claim is most appropriate when the goal is to transfer ownership interest without a sale, without exchanging money, or without needing title guarantees. Common scenarios include:
- Marriage or divorce: Adding a spouse to the title after marriage or removing one after a divorce decree.
- Family transfers: Transferring property between parents and children, siblings, or other trusted relatives.
- Trust or business transfers: Moving a property into or out of a living trust, LLC, or other entity for estate or asset management.
- Correcting title errors: Fixing spelling mistakes, missing signatures, or clerical errors on a previous deed.
- Co-owner adjustments: Changing ownership percentages among people who already own the property together.
A quit claim deed is generally not appropriate for a typical real estate sale because the buyer receives no assurance that the seller has clear, marketable title. In a sale, a warranty deed, or at least a special warranty deed, is more appropriate.
Quit Claim Deed vs. Warranty Deed
The biggest difference lies in guarantees:
- Warranty deed: Provides full protection that the grantor owns the property and will defend the title against all past and future claims. Most traditional real estate sales use this deed.
- Special warranty deed: Guarantees only the period during which the seller owned the home.
- Quit claim deed: Provides no guarantees and simply transfers whatever ownership interest the grantor currently has.
A quit claim works best when both parties already know the title history and are comfortable without formal warranties, such as within families, marriages, divorces, or trusts.
If there is any uncertainty about liens, ownership disputes, or title history, a title search or title insurance policy should accompany a quit claim deed to protect the grantee.
What a Quit Claim Deed Does Not Do
For clarity, it’s important to understand what a quit claim deed cannot do:
- It does not guarantee that the grantor actually owns the property.
- It does not fix or remove existing liens, judgments, or mortgages.
- It does not release a borrower from a mortgage.
- It does not provide title insurance or protection from future claims.
- It does not guarantee the property is free of legal or financial issues.
A quit claim deed is simply a transfer of interest and nothing more.
How to Complete and Record a Quit Claim Deed
Though requirements vary by state, most quit claim deeds require:
- Legal names of grantor and grantee
- Legal description of the property (not just the street address)
- County and state where the property is located
- Grantor’s notarized signature
- Witness signatures in certain states
Because quit claim deed rules differ across the country, it’s important to check your state’s specific requirements before signing or recording the document. Some states require multiple witnesses, particular formatting, transfer tax forms, or additional disclosures. Others have unique rules for transferring homestead property, marital property, or property held in trust. Confirming your state’s guidelines helps ensure the deed is accepted and recorded correctly.
Steps to Record the Deed
- Fill out the quit claim deed form: Many county recorder offices offer templates.
- Sign in front of a notary: The grantor’s notarized signature is required in all states.
- Record the deed with the county: Recording makes the transfer part of public record, protecting both parties.
- Keep certified copies: Always retain the recorded document for refinancing, tax purposes, or future transfers.
Because recording rules differ across states, always confirm your county or state’s specific requirements before filing. Some jurisdictions require additional forms – such as transfer tax declarations, preliminary change of ownership reports (like in California), or homestead waivers – so checking ahead helps ensure the deed is accepted and recorded without delays.
Recording the deed is essential because it establishes the property’s ownership history and prevents future disputes over who holds title.
How a Quit Claim Deed Affects Mortgages and Loans
A quit claim deed does not remove someone from a mortgage This is one of the most common misunderstandings. Transferring ownership does not eliminate loan responsibility.
For example: If a divorcing spouse signs a quit claim deed giving up ownership, they remain on the mortgage until the loan is refinanced or legally assumed by one party.
Can a lender object to a quit claim transfer?
Yes. Some mortgages contain a due-on-sale clause, allowing the lender to demand full repayment if ownership changes.
However, federal law under the Garn–St. Germain Act prevents lenders from enforcing this clause in certain situations, including transfers:
- Between spouses (including divorce or marriage)
- To a living trust where the borrower remains the beneficiary
- To a family member upon the borrower’s death
- As part of estate planning
- Related to separation or divorce settlements
How it affects refinancing
When refinancing, lenders often require:
- Proper vesting on title
- All owners of record to sign certain documents
- Title to be clear and insurable
A recent quit claim deed may require additional documentation during underwriting, depending on the lender’s guidelines.
Property Tax Implications of a Quit Claim Deed
A quit claim deed may trigger a reassessment of property taxes depending on:
- State and county laws
- Whether the transfer is between family members
- Whether the property goes into a trust
- Whether there is a change in ownership percentage
Many states have exemptions for parent-child transfers, spouse-to-spouse transfers, or trust transfers, but these rules vary significantly. Always check with the local assessor before recording.
Pros and Cons of a Quit Claim Deed
Benefits
- Simple and fast to execute
- Short, straightforward legal form
- Lower fees than warranty deeds
- Ideal for trusted family or relationship-based transfers
- Useful for estate planning, trust funding, or title corrections
Risks
- No guarantee that the grantor has valid, marketable title
- Existing liens and debts remain with the property
- No protection against future title claims
- May complicate future refinancing or selling
- Can trigger tax reassessment in some states
To reduce risk, many people pair the quit claim deed with a title search or obtain title insurance.
Common Questions
Are “quit claim deed” and “quitclaim deed” the same?
Yes. Both refer to the same document. “Quitclaim” is the combined form most legal documents use.
Can a quit claim deed be reversed?
Not automatically. A recorded deed is legally binding. To “reverse” it, the grantee must sign a new deed transferring ownership back.
Do you need a lawyer to complete a quit claim?
Not always. Many people complete quit claim deeds using county forms, but legal help is wise when mortgages, businesses, estates, or blended families are involved.
Is title insurance required?
Not required, but strongly recommended if the grantee needs assurance of clean title or plans to refinance or sell.
Can you sell a home received through a quit claim deed?
Yes, but buyers and lenders will require clear title. A title search or title insurance policy is usually needed before closing.
How JVM Lending Can Help
A quit claim deed may seem simple, but it can affect your mortgage, refinancing options, title insurance, and long-term financial planning. JVM Lending helps homeowners understand how title transfers may impact their mortgage transaction.
Our team is here to guide you with clarity and confidence, helping you protect your financing goals and your long-term plans. Contact us today to get pre-approved for a home purchase or apply for a refinance.
