What is a Quitclaim Deed?

business economy

A deed is essentially a piece of paper that transfers interest in land from one person, called the grantor, to another, called the grantee. It's essentially a real estate contract. To be legally effective, it must be signed by the grantor and describe the land being conveyed. A quitclaim deed, sometimes erroneously referred to as a "quick claim deed" or "quit claim deed," is one type of deed. There are also warranty deeds — both a special warranty deed and a general warranty deed. The quitclaim deed transfers whatever interest the grantor has in the property to the grantee.

There is an important limitation to the quitclaim deed. Because it only transfers the rights that the grantor has in the property, it does not guarantee that the property is the grantee's outright. If others with an interest in the property have not signed the deed, then their rights are unaffected by this document — they still retain their ownership. In most cases, the signed quitclaim deed is a simple and effective way to give up all interest in a property.

Another popular type of deed is the general warranty deed. In comparison to the general warranty deed, the quitclaim deed is relatively bare bones. While the quitclaim deed only transfers whatever interest the grantor has, the general warranty deed, by contrast, comes with six covenants (or promises): (1) covenant of seisin: that the grantor does in fact have ownership, (2) covenant of right to convey: that the grantor has the power to convey the interest in the land, (3) covenant against encumbrances: that the title comes without encumbrances such as mortgages or liens, (4) covenant for quiet enjoyment: that third parties won't have any legal claim to the title, (5) covenant of warranty: the grantor will back up the grantee's rights should a third party present a legal claim to the property, and (6) covenant for further assurances: that the grantor will do whatever is reasonably necessary to perfect the grantee's title should there be an imperfection.

While you may be more certain in what you are getting with a general warranty deed, a quitclaim deed can be a good option too. It's particularly useful when there is a cloud of title — when someone else might have a claim to the to the property. While quitclaim deeds don't necessarily give you an interest in property that's free and clear, they at least give you the interest that the grantor had.

Alternatively, when there is no concern over other claims of ownership, the quitclaim is a simpler way to pass interest. In fact, it's frequently used in intra-family transfers. The quitclaim deed, for example, is commonly used in divorces. If the family home is not to be sold to another party with the shared proceeds, then this type of deed is a real estate necessity. When one of the people involved in the divorce is keeping the home, the other person needs to quitclaim his or her interest in the house.

There are other uses to the quitclaim deed. If siblings inherit a family home and share ownership with other brothers and sisters, a quitclaim deed can be used to sell the home. One of the siblings can sell their share in the home to another and use a quitclaim to turn over all their rights and interests of the property with the sale.

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New: Discuss this Article

Posted by: anon14889
I live in California. Two years ago my brother and I went in together in buying a house. Him being the owner and myself being the co-owner. However, I recently got married and would love to purchase our own house. Before I do that I would like to be taken off the deed. Would that be possible and how? Is the quitclaim the answer?
Posted by: pamalashel50
My husband and I are buying a house in Florida for $235,000.00. We can only obtain a loan for $200,000.00; my brother-in-law is giving us the $35,000.00, but he wants to invest/have an interest in this property. Due to him currently going through criminal court from a felony arrest, we do not want his name to be on the deed. How can we do this, in the State of Florida, so that he can get his investment out whenever he wants (with interest, etc), but not have his name legally attached to our property, and what type of deed would we need to file?
Posted by: Deatles
I own my home outright with no liens etc. I want to put the house in my two children's names. My son and married daughter with a different last name of course. Is this possible with a quitclaim deed?

Thank you

Posted by: jgoldston
My husband and I are divorcing. I am keeping the house but since we are upside down on the loan can't refinance for a few years so he will stay on the loan. I would still like to have the home in my name. Is that possible with a quit deed? Thanks....Jeanne
Posted by: realestate
We are purchasing a home in Ohio, but we live in California. This home was purchased as a foreclosure and we are now purchasing from the man who originally purchased the foreclosure. What are the risks involved, if any, in purchasing this home using a quit deed versus using a title company?
Posted by: anon11961
We currently want to purchase the house next door to us (approximate value is $69,000) to move my mother into so she would be close to us. My mother has a house across town that is paid for and should net approximately 78,000 after rehab if sold. However, we would like to try and keep my mothers house to use as rental property to pay the mortgage on the house we want to purchase for her. We would like to use my mother’s house for collateral with no money down on the new house but will still need to get some of the equity (line of credit about $10,000) in order to rehab her house prior to allowing tenants in it. She is willing to quit claim the house to us to do what we need to do. We just need some advice on the best method to do this. Thanking you in advance for your assistance.
Posted by: teresa724
My Aunt died in 1992. She owned a small piece of land. Her husband died 2 years later. He left everything to his brother who has never paid the taxes on the land. Is it possible to pay the taxes and get a deed to the land myself?
Posted by: patricia1226
I'm unable to sell my property. Can I quit claim my property back to the lender without suffering a foreclosure? We are also looking at a Deed in Lieu of Foreclosure. Which one is better?
Posted by: jahmarley
I live in New York. I would like to Quitclaim my house to my son. He lives in Georgia and the house is located in Mississippi. Which state's Quitclaim should I use, New York or Mississippi? Also, can I sign and have the claim notarized in New York and then mail it to him in Georgia to sign and have notarized, and then take and/or mail it to the court in Mississippi for filing?

Thanks, Jahmarley

Posted by: anon999
We are unable to sell our property. Will a quitclaim affect our credit? My understanding is that the quitclaim was inserted to basically 'turn over' the property back to the owner...ie., we had no legal recourse to contest this if after so many days our mortgage payment was not paid, we would relinquish interest in the property and the owner would then have it back and all of our payments, instead of buying the land, would then be counted as rent. Is this an accurate understanding?
Posted by: chrismp47
As part of the refinancing process I am having my ex-wife sign a quit claim deed as her name is still on the title. We divorced almost 25 years ago but her name was never taken off the title. She has since remarried. On the form I am using it requires her husband to sign as well. The property in question is in Pennsylvania.

My question is this: Is it necessary for her husband to sign as well as her or can she sign alone using her current married name?

Posted by: coop
My husband and I have been separated for 9 months, I will be filing for divorce within 3 months.

I occupy our home of 11 years with our 2 minor sons, in fact have been given possession of the home on an Order of Protection.

The house is in foreclosure, the mortgage company offered to do a loan modification which I could easily financially afford. The problem is that the house is titled in my husbands name as well as the loan is in his name.

There is no equity in the home and I would be paying full market value for the home in the loan modification.

Is there any legal way that I can keep our home with the loan modification and my husband not have any rights to the home??

He will sign the modification forms, however says that I would have to sign a lease to stay in the home and when the housing market gets better, sell and split the equity.

Posted by: rjohnson
NEWGUY1018 - Depends on the divorce laws in your state, and whether your state is a community property state. California, for example, is a community property state. In California, all property acquired during the course of a marriage is presumed to be community property - property shared between a husband and wife. All property acquired before marriage, after permanent separation, or by gift is presumed to be separate property. If you live in California, it sounds like that house is separate property, which means it's yours outright. But the law has lots of nuances. So it is best to get legal advice to know how it applies to your particular situation.
Posted by: NEWGUY1018
I bought a house before I got married, now I am getting a divorce and the house is solely mine. My wife was never on the deed. Do I need a quit claim deed even though she was never on the house deed?
Posted by: estate225
how does quick claim deed benefit an individual if it's done before marriage?
Posted by: lilbitty
my sister and her boyfriend bought a house together and now she cheated on him and is going to get married in october, i know too much drama, but the question I have is if she quitclaims the house to her boyfriend to move in with her fiance and her boyfriend forecloses or is late on the payments will it affect her credit still?

thank you in advance

Posted by: ZONIEMARONI
I plan on buying a condo with my son and both our names will be on the mortgage and the deed. At a later date, I would like to quit claim the property to him mostly to avoid reporting it as an asset in the event I seek Nursing Home care.

I will be giving the down payment and he will make payments each month. My intention is for him to retain ownership at the time of my death. Also, If I become incapacitated I do not want him to have a problem with ownership issues.

If I do this, will the Lender be allowed to accelerate payment on the mortgage? Do they know when a Quit Claim is recorded?

Posted by: vince2004
Can a quit claim deed be used to return a timeshare week back to the property? If yes, would this release the owner of responsibility for fees, etc.?
Posted by: don1555
My wife is on the loan for our home. However, she has quit claimed the property to me. Can I sell the the house without her consent and is she entitled to any of the proceeds from the sell of the house?
Posted by: anon5259
I bought a condo in my brother's name and have been paying the mortgage- all in my brother's name.what are the legal and tax implications for both of us?
Posted by: anon4327
If one quit deeds back to the lender will there be any future charges from the bank on the property?
Posted by: anon4065
I've been married to my husband for 2 years(we've been together for 7 years). Recently my mother in law wanted me to sign a quit claim form concerning a property she owns and would like to leave to my husband in her will. This doesn't make sense to me, how would anyone benefit from this. It feels like a post-nup. Am I over reacting? Anonymous
Posted by: cookie
My parents got a home loan for me in their name...now I/we are ready to have to house put in my name. Will the quitclaim loan allow for the loan as well to be in my name? Also, do I have to qualify for the loan on the house first?
Posted by: ROADKING
I have a friend that wants to quick claim his house to me he owes 480000 still on the house can he quick claim it to me and do i have to qualify for the loan on the house?
Posted by: john5771
I signed a quit claim deed to my father in law after my divorce. I am still living in the house and the mortgage is in my name. Can I re-finance at this time to get equity out of my house and how is it possible for me to still have the mortgage in my name if I signed it over to him? What legal right does he have if all of a sudden he decides to take the house back and kick me out?
Posted by: anon3676
the answer to your question depends a lot on where you live. California is a common law state, which means that half of everything acquired during the marriage is shared property. Other places are less liberal about sharing assets between partners.
Posted by: anon3660
my husband has bought this house and now he want to sell it only his name is on the house do i have any interest in the house or does he have all say about selling it?
Posted by: anon3238
My mother signed a quitclaim deed over to me 7 years ago and I have been living in the house since then with my mother. I have two siblings who would like to sell the house and get their part of it. My mom wishes it to remain with me and for me to do with where ever I please with it, since I have been the sole support for her and my dad, they have not been here to see them or take care of them in the past 20 years. How binding in a quit-deed and do I have to worry about capital gain or my siblings running this through the court system to get their part?
Posted by: goosehunter
I purchased a house exactly 5 years ago. I recently got married this June. My wife moved into the house I had already purchased. Her mother is the recorder of deeds for the county and she suggested I sign a Quit Claim Deed since my wife's name is not on the title? Maybe I am looking at this wrong, but it seems to me that would remove my name from the title??
Posted by: tammie
What kind of quit claims deed do I need to add my partner's name to the deed of my house? Would a quit claims deed be the proper way of doing this or could I just go to the court house and add his name to it? I live in Ohio and we do still have a mortgage on the house.
Posted by: PAMSGRAPE
We bought a mobile on land and we have been told the owner had died and we don't have a clear deed and need to know how to get one so we can sale the land. How and what do we do?
Posted by: anon2575
Though I would definitely check with a lawyer, I live in CA and I'm pretty sure it's a common law state, meaning that anything purchased during the time of the marriage belongs equally to both partners. I'm pretty sure half the house is yours.
Posted by: anon2568
Six years ago I signed a quit claim deed so that my husband and I could refinance our house. My credit was not good and we wanted a better rate on the mortgage.

After refinancing, he never put my name back on the deed.

We are now divorcing and he does not want to sell the house and split the equity.

Do I have any claims to the house? We live in CA.

Posted by: chilibean
My future husband failed to have his ex sign a quit claim deed after he paid her off in his divorce, even though it states in the papers that she would sign one. Can he force her to sign one now? If she doesn't, how will that affect us refinancing the loan (which still has her name on it)?
Posted by: debperkay
I am currently living with a partner. This has every indication of being a long term relationship. We are not married at this time, however we do pay for a house together. The deed is just in the other partners name. To protect myself we feel I should add my name to the deed. The mortgage is only in the other partners name, what could be possible complications of simply adding myself to the deed. Would I still be able to continue to make mortgage payments as I do now if something happened to my partner?
Posted by: anon2345
Three parties owned a house under joint tenancy, one party quit claimed his share into a revocable trust, without telling the other two parties. The person who quitclaimed subsequently died, with his widow revealing this info upon his death. Is it legal for her to quit claim property back to remaining two parties, and would there be tax ramifications.

Thank you

Posted by: deshon
When you sign a quit-clain deed. who is responsible for the mortgage at this time? Who can claim the house on the tax return?

Posted by: anon2205
my mother bought a house and after couple months she added her husbund on the title and then she decided to take her husband off because he is not paying anything or help in anyway can she do a quit claim and will that be legal if she ever decided to refinance her house without him been on the mortgage ?
Posted by: bethk1
My mother bought a second house 2 years ago. Her first house is paid off. I (her daughter) live in the second house and have been paying rent or should I say the mortgage for the past two years. I want the house to be in my name...what should we do...do we have to refin? My mother also cannot claim a homestead on this house because she already has another house. What should we do
Posted by: cavalleri
I would like to buy my moms home for what she owes. she can't afford to pay it now - the problem is - if she sells there is a judgement that gives the other party 1/2 of the profit. I want to have the home in my name and refi - so that she can stay and afford it. can we do a quit claim deed ? and if we can does the house have to be paid for first or can I refi once it is in my name?
Posted by: anon2001
my husband bought a house under his brothers name, but he got quite claim form him later. his brother died recently and his wife now claiming for house.i am divorceing now, and i paid part of down payment, and my husband paid montly loan payment,so after divorce do i get part of house? or my brother inlaw wife still have any right to this house?
Posted by: danterrico
Why do I see one or ten dollars attached to a quiet or a quick claim deed as payment for property?

What is the diffrence of a quick and quite claim deed?

Posted by: rogerhurt
Why am I not able to see responses to the above posts?
Posted by: anon1285
My husband purchased a home in his name only due to him getting pre-approved for the loan prior to us getting married. We signed paperwork on the house after we were married, I had to sign a quit-claim due to it being a v.a. loan, and my name not being on the loan originally. Can I use a quit-claim deed to put my name on the title along with my husband?, or does that remove his name entirely?

confused.

Posted by: anon969
If my parents do a quit claim deed in SC do taxes need to be paid?

Thanks, Merrily39

Posted by: ponderosa
If I wanted to quiteclaim a property from me personally to an LLC I've established, does the property have to be paid off? Also, are there any tax ramifications to me personally if I quiteclaim to the LLC almost immediately after I've purchased it?
Posted by: cypresspool
I seek to add my spouse to the deed of trust that I secured when I purchased my home and property in 1998 - and which was prior to our being married. Is a Quit Claim the proper document to achieve this legal step?
Posted by: anon857
my mom did a quit claim in 94, then changed it 2003. can that be done?
Posted by: anon751
I'm unable to sell my property. Can I quit claim my property back to the lender without suffering a forcloseure?
Posted by: anon690
how do i find out if my husband who has agreed to sign a quit claims deed as stated in are divorce really has signed the deed? and if i sell my home would he be entitled to the monies? thank you
Posted by: anon291
A Quit Claim deed dated 1930, conveying a piece of property to another, showing alterations, and stamped by county clerk, 2006. What could this mean?
Posted by: anon161
My husband and I are divorcing. I want to quit claim the house to him. However, I put $20,000 into the down payment. Do I have any legal rights to re-claim my $20,000?

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