What is a Quitclaim Deed?
A quitclaim deed is a legal document used to transfer a property’s ownership from one party (the grantor) to another party (the grantee) without guaranteeing that the grantor has valid ownership or clear title to the property. Essentially, a quitclaim deed allows the grantor to “quit” or relinquish any claim to the property, but it does not provide any warranties or promises regarding the property’s title.
Unlike other types of deeds, such as warranty deeds, a quitclaim deed doesn’t offer protection to the buyer. The seller is not guaranteeing that they own the property outright or that the title is free from issues like liens or legal disputes. If the grantor doesn’t actually own the property or if there are title defects, the grantee (recipient of the property) has little recourse.
Here is a table comparing the three most common types of property deed transfer forms:
| Quitclaim Deed | Special Warranty Deed | General Warranty Deed | |
|---|---|---|---|
| Warranties | NO warranties as to the quality of title | Warrants against ONLY those defects caused by the current grantor | Warrants against ALL defects, even those not caused by the current grantor |
| Period Covered | None | Only when the current grantor owned the property | The property’s entire history |
| Most Common Use | When little to no money is exchanged – estate plans, divorce, fixing title defects | When money is exchanged – trusts, fiduciaries, tax sales, commercial real estate sales | When money is exchanged – purchasing a home, obtaining a mortgage |
What is the Purpose of a Quitclaim Deed?
The purpose of a quitclaim deed is to quickly transfer ownership of a property between parties with minimal paperwork and legal complexity. This type of deed is most commonly used in the following situations:
- Transfer Between Family Members or Friends: Quitclaim deeds are often used when one family member or friend wants to transfer property to another, for instance, transferring property from a parent to a child or between spouses during a divorce. In these cases, the transaction is usually based on trust rather than the need for legal assurances.
- Clearing Up Title Issues: In some cases, a quitclaim deed may be used to resolve title problems, such as when a co-owner needs to remove themselves from the property title. For example, if someone was listed as a joint owner but has no interest in the property anymore, they can quitclaim their rights to the property.
- Transferring Property Between Spouses: Quitclaim deeds are often used in divorce proceedings to transfer ownership of property between ex-spouses. The deed can be used to formally document the transfer of title from one spouse to the other.
- Correcting Errors on the Title: If a name or other detail on the property title is wrong, a quitclaim deed can be used to correct the title. For example, if a person’s name was misspelled on the deed or if a property is mistakenly listed under two people’s names, a quitclaim deed can resolve this issue.
The Quitclaim Deed Form
The quitclaim deed form is a simple document that requires certain key pieces of information. Although the form itself is relatively short, it’s important that it’s filled out correctly to avoid potential legal problems down the road.
Here’s what is typically included in a quitclaim deed form:
- Title of the Document: It will generally state “Quitclaim Deed” at the top, so it’s clear what type of deed is being used.
- Grantor’s Information: The name of the person transferring the property (the grantor) must be included. The grantor is the one who “quits” or releases any claim to the property.
- Grantee’s Information: The name of the person or entity receiving the property (the grantee) is also included. This is the party to whom the property is being transferred.
- Legal Description of the Property: A detailed description of the property in question, which includes the address, parcel number, and any other identifying information.
- Consideration: This section states whether any money or other consideration is involved in the transaction. It’s common for family transfers to list “love and affection” as consideration if no money is exchanged.
- Signature of the Grantor: The grantor must sign the document to make it legally binding.
- Notary Public: In most cases, the quitclaim deed must be notarized to be valid. A notary public ensures that the person signing the deed is who they say they are and that they are signing willingly.
Can a Quitclaim Deed Be Revoked?
Once a quitclaim deed is executed, it cannot generally be revoked or undone, as it is a form of property transfer. This is because the document is legally binding and serves as a formal transfer of ownership. However, there are some circumstances in which a quitclaim deed could be challenged or set aside:
- Fraud or Coercion: If the quitclaim deed was signed under duress, fraud, or misrepresentation, it may be possible to challenge the deed in court.
- Errors in the Document: If there is a clerical error in the quitclaim deed, such as a misspelled name or an incorrect property description, the deed may be amended or corrected with another deed.
- Revocation by Mutual Agreement: In rare cases, the grantor and grantee might agree to reverse the transaction by creating a new deed. However, this would not be a revocation of the original quitclaim deed, but rather a separate legal transaction.
In summary, while a quitclaim deed is not easily revoked once it’s filed, legal action might be possible if there was fraud, mistake, or coercion involved in the signing of the deed.
How to File a Quitclaim Deed
You should file the quitclaim deed with your local county recorder’s office (see table below) to create an official public record of the transfer of ownership, give public notice, and prioritize the grantee’s claim of ownership.
While filing with the local county recorder or clerk does not guarantee a perfect title, it does create a public record of your claim to ownership.
Where to Record a Quitclaim Deed
| State | Signing Requirements | Where to Record |
|---|---|---|
| Alabama | 2 Witnesses or Notary Public (§ 35-4-20) | County Probate Judge |
| Alaska | Notary Public (AS 34.15.150) | District Recorder’s Office |
| Arizona | Notary Public (§ 33-401) | County Recorder’s Office |
| Arkansas | 2 Disinterested Witnesses and Notary Public (§ 18-12-104) | Circuit Court |
| California | Notary Public (Section 27287) | County Recorder’s Office |
| Colorado | Notary Public (§ 38-35-103) | County Recorder’s Office |
| Connecticut | 2 Witnesses and Notary Public (§ 47-5) | Town Clerk’s Office |
| Delaware | Notary Public (§ 122) | Kent County, New Castle County, or Sussex County |
| Florida | 2 Witnesses and Notary Public (§ 695.03) | County Recorder’s Office |
| Georgia | 1 Witness and Notary Public (§ 48-4-44) | Clerk of the Superior Court |
| Hawaii | Notary Public (§ 502-41) | Hawaii Bureau of Conveyances |
| Idaho | Notary Public (§ 55-805) | County Recorder’s Office |
| Illinois | Notary Public (§ 765 ILCS 5/20) | County Recorder’s Office |
| Indiana | Notary Public (§ 32-21-2-3) | County Recorder’s Office |
| Iowa | Notary Public (§ 558.31) | County Recorder’s Office |
| Kansas | Notary Public (§ 58-2205) | County Recorder’s Office |
| Kentucky | 2 Witnesses or Notary Public (KRS 382.130) | County Clerk’s Office |
| Louisiana | 2 Witnesses and Notary Public (CC 1839) | Clerk of Court’s Office |
| Maine | Notary Public (Title 33, § 203) | County Registry of Deeds |
| Maryland | Notary Public (§ 3-104) | Circuit Court Division of Land Records |
| Massachusetts | Notary Public (Chapter 183 §29) | County Registry of Deeds |
| Michigan | Notary Public (§ 565.201) | County Register of Deeds |
| Minnesota | Notary Public (§ 507.24) | County Recorder’s Office |
| Mississippi | Notary Public (§ 89-3-7) | Clerk of the Chancery Clerk’s Office |
| Missouri | Notary Public (§ 442.150) | County Recorder of Deeds |
| Montana | Notary Public (MCA 70-21-203) | County Clerk and Recorder’s Office |
| Nebraska | Notary Public (§ 76-211) | County Recorder’s Office |
| Nevada | Notary Public (NRS 111.105) | County Recorder’s Office |
| New Hampshire | Notary Public (§ 477:3) | County Register of Deeds |
| New Jersey | Notary Public (Section 46:4-1) | County Clerk’s Office |
| New Mexico | Notary Public (§ 47-1-44 ) | County Clerk’s Office |
| New York | Notary Public (Article 9 § 306) | County Clerk’s Office |
| North Carolina | Notary Public (§ 47-38) | County Register of Deeds |
| North Dakota | Notary Public (§ 47-19-03) | County Recorder’s Office |
| Ohio | Notary Public (§ 5301.01) | County Recorder’s Office |
| Oklahoma | Notary Public (§ 16-26) | County Clerk’s Office |
| Oregon | Notary Public (ORS § 93.410) | County Recorder’s Office |
| Pennsylvania | Notary Public (21 P.S. § 42) | County Recorder’s Office |
| Rhode Island | Notary Public (§ 34-11-1.1) | City or Town Office |
| South Carolina | 2 Witnesses or Notary Public (§ 30-5-30) | County Register of Deeds |
| South Dakota | 1 Witness or Notary Public (§ 43-25-26) | County Register of Deeds |
| Tennessee | 2 Witnesses or Notary Public (§ 66-22-101) | County Recorder’s Office |
| Texas | 2 Witnesses or Notary Public (§ 11.002(c)) | County Clerk’s Office |
| Utah | Notary Public (§ 57-3-101) | County Recorder’s Office |
| Vermont | Notary Public (27 V.S.A. § 301) | County Clerk’s Office |
| Virginia | 2 Witnesses and Notary Public (§ 55-106) | Circuit Court Clerk |
| Washington | Notary Public (§ 64.04.020) | County Recorder’s Office |
| West Virginia | 2 Witnesses or Notary Public (§ 39-1-2) | County Clerk’s Office |
| Wisconsin | Notary Public (§ 39-1-2) | County Register of Deeds |
| Wyoming | Notary Public (§ 34-26-107) | County Clerk’s Office |
Frequently Asked Questions (FAQs) about Quitclaim Deeds
1. What’s the difference between a quitclaim deed and a warranty deed?
A warranty deed guarantees that the grantor owns the property outright and that the title is clear of any encumbrances. In contrast, a quitclaim deed makes no such guarantees. It only transfers whatever interest the grantor may have in the property, which could be limited or disputed.
2. Can a quitclaim deed be used to transfer a mortgage?
No, a quitclaim deed only transfers ownership of the property, not any mortgage obligations. The mortgage will remain in the original owner’s name unless it is refinanced or the lender agrees to release the borrower from responsibility.
3. Do I need an attorney to use a quitclaim deed?
No, an attorney is not required to use a quitclaim deed, but it is always a good idea to consult with a real estate lawyer to ensure the deed is executed properly, especially if the property involves significant value or complex issues.
4. Can a quitclaim deed be used to transfer ownership in a trust?
Yes, a quitclaim deed can be used to transfer property into or out of a trust, as long as the deed is correctly executed. This is a common tool for transferring real estate into a living trust.
5. Do I have to file a quitclaim deed with the county?
Yes, to make the quitclaim deed effective, it must be recorded with the local county recorder’s office where the property is located. This ensures that the transfer of ownership is made part of the public record.
6. What happens if the grantor has no ownership of the property?
If the grantor doesn’t own the property, a quitclaim deed will still transfer whatever interest the grantor has. If the grantor has no interest, the deed doesn’t provide the grantee with any ownership rights.
7. Is a quitclaim deed taxable?
In some cases, there may be tax implications associated with the transfer of property via quitclaim deed, especially if money is exchanged. For tax purposes, it’s advisable to consult with a tax professional.
Conclusion
It is important to understand its limitations and the circumstances under which it is used. It is often best suited for transfers between trusted parties, such as family members or close friends, rather than for arms-length transactions between strangers. Always ensure that you understand the risks and legal ramifications before signing or accepting a quitclaim deed.