What Is a Quitclaim Deed and When Should You Use One

Not every property transfer needs the full guarantees of a warranty deed. A quitclaim deed offers a fast, simple way to move title between parties who already trust each other — but it comes with real risks if used in the wrong situation.

How a Quitclaim Deed Works

A quitclaim deed transfers whatever interest the person signing it (the grantor) currently holds in a property, without making any promises about whether that interest is valid, complete, or free of liens.

This is fundamentally different from a warranty deed, which guarantees clear title and obligates the seller to defend against claims from third parties. A quitclaim deed offers no such protection.

Common, Legitimate Uses

Quitclaim deeds are frequently used to add or remove a spouse's name from title during marriage or divorce, transfer property into a living trust, correct a minor error in how a name appears on a prior deed, or transfer property between family members as a gift.

Because these are situations where the parties already know and trust each other, the lack of title guarantees is usually not a practical concern.

When a Quitclaim Deed Is the Wrong Choice

Buying property from a stranger, or anyone whose ownership history isn't fully known, with a quitclaim deed is risky — if it turns out the grantor didn't actually own a clear, unencumbered interest, the buyer has no recourse against them under the deed itself.

In arm's-length purchases, a title search, title insurance, and a warranty deed remain the standard for a reason.

Frequently Asked Questions

Does a quitclaim deed remove me from the mortgage?

No. A quitclaim deed only affects title ownership — it does not change who is legally obligated on the loan. Refinancing or a formal release from the lender is required for that.

Do I need a lawyer to file a quitclaim deed?

It's possible to do it yourself, but errors in the legal description or notarization can create serious title problems later, so many people have an attorney prepare and record it.

A quitclaim deed can be the right tool for a quick, low-risk transfer between people who trust each other — but it is rarely appropriate for a traditional purchase. An attorney can help determine which type of deed fits your situation.