What is a Quitclaim Deed?
A Quitclaim Deed is a legal document used to transfer ownership interest in real estate from one person to another without guaranteeing that the title is clear of any liens or claims. It is often used in divorce settlements, family transfers, and estate planning when the parties involved trust each other.When used in divorces, if a mortgage is involved, additional steps (such as refinancing) may be needed to remove financial responsibility. If you’re unsure, we recommend consulting a real estate attorney.
Key Features of a Quitclaim Deed:
- Transfers ownership rights quickly but does not guarantee that the grantor (person transferring the property) actually has clear ownership.
- No warranties or title protections, meaning the grantee (recipient) receives the property “as is.”
- Commonly used in divorces to remove one spouse’s name from the property deed.
When is a Quitclaim Deed Used?
✅ Divorce Property Transfers – One spouse removes their name from the title, typically when the other keeps the home.
✅ Transferring Property Between Family Members – Parents gifting property to children, siblings transferring ownership, etc.
✅ Adding or Removing a Name from a Title – Often used when changing ownership due to marriage or after death.
✅ Correcting Title Issues – Fixing name misspellings or clarifying ownership records.
What a Quitclaim Deed Does NOT Do:
❌ It does not remove mortgage liability. Even if one spouse signs a quitclaim deed in a divorce, they may still be legally responsible for the mortgage unless refinanced.
❌ It does not guarantee a clear title. Unlike a warranty deed, a quitclaim does not confirm that the title is free of liens or claims.
❌ It does not protect against future ownership disputes.
How to File a Quitclaim Deed
- Prepare the Deed – A legal document stating the grantor is releasing ownership rights to the grantee.
- Sign in Front of a Notary – Most states require notarization. There are good on-line notaries, as well.
- File with the County Recorder’s Office – Officially updates public records.
- Confirm with a Title Company (Optional) – Ensures there are no title issues or liens.