• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms

    Business & Contracts

    All of our legal contracts and documents are drafted and regularly updated by licensed attorneys. Save your hard-earned money and time with Legal Templates.

    Top Business Forms

    Business Formation
    • Business Plan
    • LLC Operating Agreement
    • Articles of Incorporation
    • Corporate Bylaws
    • Buy-Sell Agreement
    Business Operations
    • Business Contract
    • Partnership Agreement
    • Non-Disclosure Agreement
    • Release of Liability
    • Letter of Intent
    Sales and Payments
    • Purchase Agreement
    • Sales Agreement
    • Invoice
    • Purchase Order
    • Business Purchase
    Employment and HR
    • Employment Contract
    • Employment Offer
    • Employment Verification
    • Freelance Contract
    • Non-Compete Agreement
    View All Business Forms
  • Real Estate Forms

    Real Estate

    All of our legal contracts and documents are drafted and regularly updated by licensed attorneys. Save your hard-earned money and time with Legal Templates.

    Top Real Estate Forms

    Landlords
    • Lease Agreement
    • Property Management
    • Eviction Notice
    • Late Rent Notice
    • Lease Termination
    Tenants
    • Room Rental
    • Sublease Agreement
    • Roommate Agreement
    • Notice to Vacate
    • Early Lease Termination
    Home Ownership
    • Real Estate Purchase Agreement
    • Mortgage Deed
    • Quitclaim Deed
    • Deed of Trust
    • Moving Checklist
    View all Real Estate Forms
  • Personal & Family Forms

    Personal and Family

    All of our legal contracts and documents are drafted and regularly updated by licensed attorneys. Save your hard-earned money and time with Legal Templates.

    Top Personal and Family Forms

    Estate Planning
    • Power of Attorney
    • Last Will & Testament
    • Living Will
    • Advance Directive
    • DNR Form
    Personal Finance
    • Bill of Sale
    • Loan Agreement
    • Purchase Agreement
    • Promissory Note
    • Sales Agreement
    Family Matters
    • Parenting Plan
    • Child Travel Consent
    • Divorce Agreement
    • Separation Agreement
    • Prenuptial Agreement
    Affidavits
    • General Affidavit
    • Gift Affidavit
    • Affidavit of Identity
    • Affidavit of Residence
    • Affidavit of Death
    View All Personal Forms
  • Support
    Resources
    • Business
    • Real Estate
    • Personal and Family
    • Financial
    • Estate Planning
    Support
    • About Us
    • Careers
    • Contact Us
    • All Legal Documents

    Monday - Friday | 9AM - 7PM EDT

    (855) 335-9779

  • Sign In
  • :email

Home Real Estate Documents Quitclaim Deed

Free Quitclaim Deed Form

Use our Quitclaim Deed to release your rights and ownership claims over property you’re selling or gifting.

Updated April 6, 2022 | Legally reviewed by Susan Chai, Esq.

A Quitclaim Deed is a legal document property owners use to easily transfer real estate ownership from one person (or entity) to another.

This means that the grantee (person receiving the property) isn’t protected and won’t get full ownership if there are any outstanding liens or other legal claims on the property.

As a result of this risk, quit claim deeds are usually only used when transferring property between two people who trust one another, such as family members or friends.

Quitclaim Deed Forms by State

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • District of Columbia
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming
Table of Contents
  • What is a Quitclaim Deed?
  • When to Use a Quitclaim Deed
  • What to Include in a Quitclaim Deed
  • Quitclaim Deed Sample (Word & PDF)
  • How to Write a Quitclaim Deed
  • Quitclaim Deed FAQs

Alternative Form

In some situations, all that’s needed for a simple, quick transfer of property is a quitclaim deed form — one without the time, expense, and assurances of a special warranty or general warranty deed.

If you seek to also transfer property, you should look at a warranty deed. A quitclaim deed doesn’t include any guarantee that the grantor (person transferring the property) has full ownership.

What is a Quitclaim Deed?

A quitclaim deed form (or quitclaim) is a legal document where the grantor (owner/seller) transfers their ownership rights of a piece of real property to the grantee (purchaser). Without this document, an individual may not be able to record and prove their ownership of the property.

A simple quitclaim deed should identify the following essential elements:

    • Grantor: the name and mailing address of the individual(s) or corporation who currently owns the property and will be transferring the title
    • Grantee: the name and mailing address of the individual(s) or corporation who will receive the title and become the new owner
    • Consideration: how much, if anything, is being paid for the property
    • Legal Description: a land description in words that identifies a particular piece of property
    • Parcel Number: the number assigned by the tax assessor (usually listed on your property tax statement)
    • Preparer: the name and mailing address of the person who prepared the document
    • Signatures: the signature of the grantor and grantee, and the date of the signatures (note that depending on your state’s laws, the grantee may have to sign)
    • Witnesses: the individuals who watch the grantor and grantee sign the quitclaim deed. Note that depending on the laws of your state, there could be anywhere from zero to two witnesses required
    • Notary: a notary public who verifies that the signatures are authentic

As a reference, you might see a quitclaim deed misspelled as “quit claim deed” or “quick claim deed,” but both of these are incorrect.

Quitclaim Deed vs Warranty Deed vs Special Warranty

Unlike quitclaim deeds, some deeds offer protection and warranties for the grantee. The most common types are special warranty and general warranty deeds, where the grantor has the right to transfer ownership of the property and warrant against certain defects in title.

Here is a table comparing the three most common types of property deed transfer forms:

 Quitclaim DeedSpecial Warranty DeedGeneral Warranty Deed
WarrantiesNO warranties as to the quality of titleWarrants against ONLY those defects caused by the current grantorWarrants against ALL defects, even those not caused by the current grantor
Period CoveredNoneOnly when the current grantor owned the propertyThe property’s entire history
Most Common UseWhen little to no money is exchanged - estate plans, divorce, fixing title defectsWhen money is exchanged - trusts, fiduciaries, tax sales, commercial real estate salesWhen money is exchanged - purchasing a home, obtaining a mortgage

And here are three less common (but still important) types of property deed transfer forms used in more specific scenarios:

Grant Deed – A grant deed generally used in place of a California quitclaim deed when transferring property to non-relatives in that state. The grantor guarantees they haven’t transferred the title to anyone else and the property has no undisclosed liens or encumbrances. Note, however, that it doesn’t provide any warranties.

Bargain and Sale Deed – A bargain and sale deed used in certain states, such as New York and Washington. The grantor has the title to the property but doesn’t provide any warranties or guarantees that the property is free of claims.

Lady Bird Deed – Also called an enhanced life estate deed and primarily used in states like Florida and Texas. A lady bird deed allows the grantor to retain a life estate with very few restrictions while also receiving certain tax benefits.

Make sure to review all of the different types of deeds in detail to ensure you have selected the right one for your real estate transfer or sale.

What is the Purpose of a Quitclaim Deed?

The purpose of a quitclaim deed is to transfer property ownership to another party. In a quitclaim deed, the grantor only transfers whatever title or ownership, if any, they have at the time of the transfer.

The grantor doesn’t provide any warranties as to the quality of the title.

Although this document provides no promises regarding ownership or title, many states have an implied good faith presumption that the grantor is not aware of any other owners or conflicts. Additionally, some states have an implied good faith assumption that the grantor is free to transfer the title.

How Does a Quitclaim Deed Work?

A quitclaim deed form conveys ownership, if any, the grantor has in the property. Here are the different types of ownership it might convey:

  • Sole Ownership – owned entirely by one party
  • Joint Tenancy  – owned equally by two or more people with right of survivorship (if one dies, ownership passes to the surviving person), and each person must agree to sell their interests in the property
  • Tenancy by the Entirety – a joint tenancy between a married couple
  • Tenancy in Common – owned by two or more people (equally or in different percentages) with no right of survivorship and the right to individually sell their interests in the property

When to Use a Quitclaim Deed

A quitclaim deed form only transfers the ownership of the property. If the grantor has a mortgage on the property, they’re still responsible for that mortgage.

Property owners mostly use quitclaim deeds for intra-family transfers, estate planning, or to cure a title defect.

Here are some examples:

  • Divorce: one spouse releases claim to the home after a divorce settlement
  • Marriage: spouse wants to add their new spouse to the title
  • Chain of Title Defect: title insurance company finds someone with potential interests in the property and asks them to waive those interests
  • Title Defect: fix any errors such as misspelled names or other clerical mistakes
  • Family: parent grants title to a child or transfers property between siblings
  • Estate Planning: person transfers property to a trust
  • Business: transfers between parent companies to subsidiaries
  • Public Auction Sale: tax/public auction sale where buyer assumes the risk of a defective title

Real property owners often use a quitclaim deed as a complementary document to a divorce agreement or a separation agreement.

What to Include in a Quitclaim Deed

There are several things to consider when creating your quitclaim deed form.

First, it should include the following:

  • The names and addresses of the grantor and grantee
  • The name and address of the preparer
  • Where the property is located, including a legal description
  • When the parties executed the deed
  • Why the property is being transferred (in exchange for consideration)
  • How the property is being transferred (quitclaim)

In addition to the above basic provisions, here are some additional terms you may want to include if they apply to your property:

  • Easements: the grantor can reserve the right to continue using a portion of the land, such as access to a private road or fishing pond
  • Encumbrances: any encumbrances to the property the grantor is aware of
  • Life Estate: the grantor can reserve a life estate interest in the property, usually for tax purposes, allowing them continued use of the property until their death
  • Mailing Address: where to return the original deed once recorded
  • Mineral Rights: the grantor can reserve all or a portion of any remaining interests in the property’s subsurface oil, gas, or other mineral rights
  • Spousal Acknowledgment: if the grantor’s spouse isn’t signing the deed and the property is a homestead, the spouse should sign an acknowledgment waiving any current or future interests in the property
  • Taxpayer:  the taxpayer’s name and address for tax bills

Certain words on a quitclaim deed form may inadvertently create warranties. Before signing, check your state’s laws and regulations regarding exactly what these words mean.

How to File a Quitclaim Deed

You should file a quitclaim deed with your local recording office to give public notice and prioritize the grantee’s claim of ownership.

A quitclaim deed allows you to officially record your ownership of the property.

While filing with the local county clerk does not guarantee a perfect title, it does create a public record of your claim to ownership.

TIP

Any title search of the property after the recording will include your quitclaim deed. And any deed filed after your recording will be junior to your claim.

Check with your local county clerk regarding additional forms you might need to file with your quitclaim deed and ask about taxes or fees associated with your transfer.

Quitclaim Deed Sample (Word & PDF)

Below you can find a sample of what a quitclaim deed typically looks like:

Quitclaim Deed

quitclaim deed

DOWNLOAD PDF
DOWNLOAD MS WORD

If a quick, simple transfer of real property is all you need, you may be able to use a do-it-yourself quitclaim deed.

IMPORTANT

Remember, a quitclaim deed transfers any interest in an owner’s real property, which could be nothing. As it does not include warranties of any kind, property owners usually use this deed for transfers between family members or trusted parties.

Our blank, printable quitclaim deed template allows an owner to transfer and quitclaim their right and title to real property to a new owner. It also provides for exceptions such as easements or life estates.

If you would rather have step-by-step guidance, use our document builder that walks you through the process of creating a quitclaim deed that is unique to your situation. Our builder assists you through the document creation process in a simple way that makes sense and saves time.

How to Write a Quitclaim Deed

Before filling out your quitclaim deed form, write your state at the top of the document.

Legal Templates suggests you use a state-specific quitclaim deed form as a best practice and we provide these forms for all states.

Step 1 – Fill in Preparer and Recipient Name and Address

1. Preparer. Provide the full name and address of the individual preparing or writing the quitclaim deed. The preparer may be the grantor, grantee, or a third party.

2. Recipient. Write the name and address of the person who should receive the recorded deed and tax statements after recording.

preparer and recipient

Step 2 – Enter Effective Date and Grantor(s) Details

3. Effective Date. Fill in the full name of the grantor(s), the current owner of the property. Indicate if the grantor(s) is an individual, individuals, a married couple, or an entity (i.e. corporation, LLC, partnership, or trust).

4. Grantor(s). Provide the mailing address for the grantor(s). If there is more than one grantor, provide just one mailing address for the purpose of receiving correspondence).

date and grantor

Step 3 – Fill in Grantee(s) Details

5. Grantee(s). Write the full name of the grantee(s), the individual or entity that will become the new owner. Indicate if the grantee(s) is an individual, individuals, a married couple, or an entity (i.e. corporation, LLC, partnership, or trust).

grantee

Step 4 – Identify Transfer and Property Details

6. Consideration. Enter the amount of money paid as consideration for the property transfer. If the property is transferred as a gift, you can specify a nominal amount, such as $10 as consideration.

7. County and State. Write the county and state where the property is located. Specify whether or not the property is in an unincorporated area.

8. Legal Description. Provide a legal description of the property. A legal description is a geographical description commonly identified by a government survey, metes and bounds, or lot and block. You can find the legal description in the property’s deed or through the county assessor.

transfer and property details

Step 5 – Choose Ownership Option and Exceptions

9. Ownership. Specify how the new owners will hold the property. We have included the most common forms of property ownership on our form.

10. Exceptions. State whether or not there are any exceptions to the property, such as an easement (reserve right to continue using a portion of land), covenant, reserve life estate, or mineral rights.

ownership

Step 6 – Identify Homestead Option

11. Homestead. Check whether or not the property is the grantor’s homestead. Generally, a homestead is a person’s primary residence.

homestead

Step 7 – Choose Transfer Tax Option

12. Transfer Tax. Specify whether or not the transfer of the property is exempt from transfer tax. Refer to your state or local laws as many states provide various exemptions from transfer tax, such as transfers between parent and child. If not exempt, specify the amount of transfer tax that the grantor or grantee will pay for the transfer.

transfer tax

Step 8 – Identify Witnesses

13. Witnesses. Depending on the state where the property is located, one or two witnesses need to sign the deed. Check your local state law to see if any witnesses need to sign.

witnesses

Quitclaim Deed FAQs

What are Homestead Rights?

Some states have homestead requirements where a spouse cannot sell or transfer the homestead without the signature or acknowledgment of the other spouse.

In addition, spouses may have inheritance, or dower and curtesy rights, if the property is community property. If only one spouse is the grantor and the one signing the quitclaim deed, the other spouse should sign an acknowledgment waiving and releasing any possible residual rights.

What are the Tax Implications of a Quitclaim Deed?

After the grantor transfers property ownership, the obligation to pay the property taxes falls to the grantee, and the appropriate government entities will mail tax bills to the address on the deed.

Some states impose a real estate transfer tax on property transfers. The transfer tax is usually a small percentage of the consideration or purchase price. However, most states provide various exemptions from the transfer tax, such as transfers between parents and children.

Other taxes such as federal income tax, gift tax, or inheritance tax may also accompany a quitclaim deed transfer. Consult a tax lawyer or certified public accountant to learn more.

Related Home Ownership Documents

  • Deed of Trust: A Deed of Trust is a legal document that officially recognizes a legally binding relationship between three parties - the Borrower, the Lender, and the Trustee.
  • Real Estate Purchase Agreement: A Real Property Purchase Agreement is a document between a buyer who wants to purchase a home or other piece of real property and a seller who owns that...
  • Mortgage Deed: A Mortgage Agreement is a written document that officially recognizes a legally binding relationship between two parties - the Borrower and the Lender. The...
  • Quitclaim Deed: A Quitclaim Deed is a legal document where the Grantor (or owner/seller) releases his or her ownership rights in a piece of real property to the Grantee (or...
  • Warranty Deed: A warranty deed legally promises an owner has the right to transfer a piece of real property (e.g., land, home, or building) to a new owner.
quitclaim deed Preview PDF

Free Quitclaim Deed Form

Create Your Quitclaim Deed in Minutes!

Legal Documents

  • All Legal Forms
  • Business Forms
  • Real Estate Forms
  • Personal and Family Forms

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Legal Resources
  • Business
  • Real Estate
  • Personal & Family
  • Estate Planning
  • Financial
  • Covid-19 Resources

Company

  • Pricing
  • About Us
  • Careers
  • Contact Us
  • Partner With Us
  • Legal Dictionary

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 9AM - 7PM EDT

Facebook Twitter LinkedIn

Copyright 2022 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use.

Thank you for downloading one of our free legal templates!

Would you leave us a review?

We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer.

A review would mean the world to us (it only takes about 15 seconds).

Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample

Thanks again, and good luck!

Leave My Review