When someone buys or sells a home, the purchase and transfer of the property is always facilitated by a real estate deed, which is a written document that legally transfers the ownership of a property from one party to another. While there are several types of real estate deeds in use today, quitclaim deeds are used when the owner of a property effectively quits their claim on the home.
Quitclaim deeds are used to transfer real estate from one person to another in specific situations, such as between family members or as part of a divorce settlement.
Jump to insightYou can typically get a quitclaim deed from your county clerk’s office.
Jump to insightRegularly monitor your property online and set up property alerts to help you avoid quitclaim deed scams.
Jump to insightHow a quitclaim deed works
A quitclaim deed is a legal document that transfers a property from one party to another party without guaranteeing that the title is valid. The grantor, or the person transferring the property, essentially quits their claim to the property, saying that they take no responsibility for title issues or legal claims against the property.
Eric Bramlett, owner of Bramlett Partners, said that a quitclaim deed is like handing over the keys to a home to another person and saying the property and everything in it is now theirs.
When to use a quitclaim deed
A quitclaim deed offers the least amount of protection for the person receiving the property. Transfer of ownership using a quitclaim deed is essentially considered as is, so the homebuyer can’t even get title insurance in most cases.
For that reason, quitclaim deeds aren’t usually recommended. However, they can make sense in some scenarios:
Transferring real estate without any guarantees
Jennifer Spinelli, owner of Watson Buys, a home-buying company based in Denver, said a quitclaim deed can be used any time a grantor wants to transfer their interest in a property without making any warranties or promises about the title to the property.
“It is particularly useful if there is uncertainty as to whether the grantor even has valid rights of ownership, or if they do not wish to provide additional protection for the grantee,” Spinelli said.
Real estate transfers between family members
Quitclaim deeds allow for the transfer of ownership with less paperwork and fewer costs than in a traditional sale. As a result, quitclaim deeds are often used by family members transferring real estate between each other when an actual sale of the property isn't really necessary.
Transfers during real estate disputes
Spinelli said a quitclaim deed can be used to transfer ownership of a piece of property between family members who are in dispute over the title. In such a scenario, the grantor would simply give up any claim they have to the property and transfer it to the grantee, without making any warranties or guarantees about its condition.
Real estate transfers during divorce or a new marriage
A quitclaim deed is often used in instances of divorce where real estate ownership needs to be transferred but not necessarily sold. For instance, you could remove the house from your ownership and into the sole ownership of your ex, while minimizing the paperwork and costs involved.
Quitclaim deeds can also be used between married people in situations where one person is bringing real estate ownership to the new relationship.
How to file a quitclaim deed
Generally, you’ll take the following steps to file a quitclaim deed:
1. Get a quitclaim deed form
Where you can get a quitclaim deed form can vary based on the state you live in, but your county clerk’s office is a good place to start, Eric Bramlett said.
2. Fill out the form
The property owner can fill out the quitclaim deed form with or without the help of an attorney, and each state and county has a unique set of fees that must be paid to execute the transfer.
Generally, a quitclaim deed form must include the following information:
- A legal description of the property
- The county where it’s located
- The grantor’s name (the person transferring the property)
- The grantee’s name (the person receiving the property)
- The property transfer date
- A record of any money exchanged in the transaction (if applicable)
3. Get all parties to sign the form
The quitclaim deed form must be signed by interested parties and notarized before it can be used for the official transfer of ownership.
4. File the form
Next, file the form with the local county recorder's office so that it becomes a part of the public record.
“This allows potential buyers and lenders to easily identify who owns the property and any financial obligations associated with it,” Spinelli said.
When to challenge or revoke a quitclaim deed
Getting real estate documents revoked can be difficult, so you should be sure you have enough evidence to prove your case if you plan to challenge a quitclaim deed. A real estate attorney can help you navigate the complex legal system and ensure you have everything you need to challenge the deed.
You can contest a quitclaim deed if you believe any of the following occurred:
Forgery
The involved parties must sign the quitclaim deed. If you believe someone’s signature was forged, you can challenge the deed.
Improper notarization
A notary public should approve the deed at your county clerk’s office. While the notary’s job isn’t to verify whether the deed is legal, they do need to ensure all parties involved seem to be participating willingly and verify their signatures.
The quitclaim deed isn’t official until it’s notarized, and a notary public may refuse to notarize the deed if they believe all involved parties don’t fully understand the agreement.
Undue influence
If you suspect that the grantor was coerced, manipulated or threatened into signing the quitclaim deed, you may challenge the deed.
Lack of mental capacity
You can also challenge a quitclaim deed if the grantor demonstrates that they don’t fully understand what they’re signing. You’ll likely need to provide medical records to demonstrate lack of mental capacity, such as if the grantor has been diagnosed with dementia.
Avoiding quitclaim deed scams
Because quitclaim deeds are used for the transfer of real estate, it shouldn’t be surprising that fraud can take place before or during these transactions.
Monitor your property online and set up property alerts to help you avoid quitclaim deed scams.
For example, quitclaim deed scams involve transfers related to:
- Aging homeowners who may not realize they are signing away rights to their property
- Deceased individuals
- Homes that have been permanently or temporarily abandoned
- Vacant lots
How to protect yourself
According to the Boston division of the Federal Bureau of Investigation (FBI), homeowners should take some of the following precautions to help protect themselves from quitclaim deed scams:
- Regularly monitor online property records (in case your property is put up for sale)
- Set up online search alerts for your property
- Set up title alerts with the county clerk’s office, if possible
- Regularly check on all properties you own, including vacant properties
Quitclaim deed vs. other types of deeds
In addition to quitclaim deeds, there are two other types of deeds used for the transfer of real estate ownership:
General warranty deed
A general warranty deed offers the most protection for buyers when transferring real estate property ownership from one party to another. That’s because general warranty deeds make a promise to the buyer that the seller owns the property without any liens or encumbrances in place. It also promises that, if liens or creditor’s claims are found in the future, the seller will financially compensate the buyer for them.
Special warranty deed
A special warranty deed is more robust than a quitclaim deed but offers less protection for buyers than the general warranty deed. This type of deed promises no title issues or liens on the property while in the possession of the current owner, but it makes no guarantees about title issues or claims that came into existence before they owned it.
» MORE: Warranty deed vs. quitclaim deed
FAQ
How long is a quitclaim deed valid?
Quitclaim deeds don’t expire, and they permanently transfer the ownership of real estate from one person to another until another transfer is made in the future. Still, quitclaim deed forms must be accurately filled out and filed with the county recorder where the property is located for the transfer to be official.
What are the tax implications of a quitclaim deed?
Since it’s not necessary for money to change hands in a quitclaim deed transaction, the property is generally considered a gift from the grantor to the grantee. The grantor should report the transfer on their tax forms during the tax year when the quitclaim deed is issued. Additionally, the grantor is responsible for any liens or other taxes owed on the property before the title is officially transferred. Once the quitclaim deed is filed, paying property taxes becomes the responsibility of the grantee.
Does a quitclaim deed remove me from the mortgage?
A quitclaim deed doesn’t remove you from a mortgage, it only removes you from the deed. Transferring ownership doesn’t end the original owner’s legal responsibility in terms of mortgage liability and payments. If the mortgage isn’t paid off, it still needs to be legally transferred.
What happens if someone refuses to sign a quitclaim deed?
If someone refuses to sign a quitclaim deed, such as in the case of a divorce, a judge may be able to hold the other person in contempt or issue a court order to transfer the property.
What’s the penalty for quitclaim deed scams?
The penalties for forging or falsifying a quitclaim deed generally varies depending on state laws and the specific details about the fraud, but they can involve prison time and thousands of dollars in fines.
Bottom line
Using a quitclaim deed to transfer real estate ownership generally only makes sense in certain situations, such as real estate transfers between family members and instances of divorce or marriage. With that in mind, buyers should be cautious about accepting a quitclaim deed for real estate transfers. In most situations, a general warranty deed gives buyers the amount of protection they need against future claims against their home.
Article sources
ConsumerAffairs writers primarily rely on government data, industry experts and original research from other reputable publications to inform their work. Specific sources for this article include:
- Federal Bureau of Investigation, “FBI Boston Warns Quit Claim Deed Fraud is on the Rise.” Accessed Jan. 30, 2026.
