Quitclaim Deed Form

Quitclaim Deed Forms – By State

Quitclaim deed requirements vary by state. Legal Templates offers state-specific forms to ensure compliance with your state’s laws.

What Is a Quitclaim Deed?

A quitclaim deed is a legal document that transfers property, usually between family or close friends. For example, a parent might use it to give property interests to their child.

This deed doesn’t come with promises, so it’s best when both people trust each other and know the property’s history. If you want full protection and a guarantee on the title, a warranty deed might be a better option.

How Does a Quitclaim Deed Work?

A quitclaim deed transfers ownership of property from the current owner (the grantor) to another person (the grantee). The process is pretty straightforward. You start by filling out the form and signing it per your state’s signing requirements. Then, file it with the appropriate office to record the transfer.

Since a quitclaim deed doesn’t include title guarantees, the grantee takes on potential property issues. For example, if boundary disputes or title issues arise, the grantee is responsible.

Use our quitclaim deed form to complete the process and ensure a smooth transfer of ownership between you and someone you trust. Minimize the risk of future disputes by documenting all the details.

When Should I Use a Quitclaim Deed?

Due to the lack of assurances provided, quitclaim deeds are usually reserved for property transfers between individuals with a high level of trust. For example, a recently married homeowner might use a quitclaim deed form to give a new spouse shared ownership of their house. You could also use a quitclaim deed to:

• transfer property to a child or family member
• correct a spelling error or other title defect
• add a new spouse to a title upon marriage
• remove a former spouse from an existing title
• transfer property to a trust or business entity

Can I Use a Quitclaim Deed to Transfer a Mortgage?

No, you cannot use a quitclaim deed to transfer a mortgage. This document only transfers property ownership, not the mortgage or the associated financial obligations.

When the original borrower signs a quitclaim deed, they remain responsible for the mortgage. To transfer a mortgage, the borrower would need to refinance it in the new owner’s name. Or, they could have the lender approve a mortgage assumption.

If you need to transfer a property with a loan, a mortgage deed can secure the property as collateral and help transfer the loan to the new property owner.

Quitclaim Deed vs. Warranty Deed

Unlike quitclaim deeds, warranty deeds offer varying degrees of protection and warranties for the grantee. Special warranty deeds guarantee the grantor has not created any title defects or financial encumbrances during their ownership. However, they do not provide a warranty to cover title issues that may have occurred before the grantor owned the real property.

General warranty deeds provide the strongest property transfer guarantees. They are used during property sales or transfers of ownership between two unacquainted parties and promise a clear title, free from any prior liens or financial obligations. The grantor also provides a warranty vouching for the property title’s validity under all previous owners.

How to Fill Out a Quitclaim Deed

Prepare to write a quitclaim deed by gathering relevant information about the grantor and grantee, property details, and the conditions under which the transfer will occur.

Legal Templates suggests you use a state-specific quitclaim deed form as a best practice.

1. Fill in the Preparer’s & Recipient’s Names and Addresses

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.

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

2. Enter the Effective Date & Grantor’s Details

State when the deed will become effective. Then, fill in the full name of the grantor, who is the property’s current owner. Our template lets you indicate whether they are an individual, a married couple, or an entity (i.e., corporation, LLC, partnership, or trust).

Provide the mailing address for the grantor. If there is more than one grantor, provide just one mailing address to receive correspondence.

3. Fill in Grantee’s Details

Write the full name of the grantee, who is the individual or entity that will become the new owner. Indicate if the grantee is an individual, multiple individuals, a married couple, or an entity.

4. Identify Transfer & Property Details

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

Write the county and state where the property is located. Specify whether the property is in an unincorporated area.

Include identifying information like property location, parcel number, and legal description. The legal description identifies the property by a government survey, metes, bounds, or lot and block. You can find this description in the property’s deed or through the county assessor.

5. Choose Ownership Option & Exceptions

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

State whether 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.

6. Identify Homestead Option

Check whether the property is the grantor’s homestead. Generally, a homestead is a person’s primary residence.

7. Choose Transfer Tax Option

Specify whether the property transfer is exempt from transfer tax. Refer to 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 transfer tax the grantor or grantee will pay for the transfer.

8. Identify Witnesses

Most states require others to witness and notarize a quitclaim deed document to ensure its authenticity. Even if your state doesn’t, it’s still a good idea because it helps legitimize the document’s validity, preventing legal challenges down the road. Provide the names and details of witnesses and have them sign the document.

Quitclaim Deed Sample

See an example of a free quitclaim deed form below to understand its structure better. When you’re ready to transfer ownership without guarantees, write your own using our printable quitclaim deed form template. Available in PDF or Word formats.

How to File a Quitclaim Deed

You must file the quitclaim deed with your local county recorder’s office to create a public record of the transfer of ownership, give public notice, and prioritize the grantee’s claim of ownership. Check local requirements to make sure you file at the correct location.

Filing with the local county recorder or clerk does not guarantee a perfect title, but it creates a public record of a new claim to ownership.

Where to Record a Quitclaim Deed

Learn where to record a quitclaim deed and view the signing requirements to ensure validity.

Transfer Property Quickly with Legal Templates

While you still must record your signed deed at your local land records office, Legal Templates provides an easy-to-use quitclaim deed form to save you time.

Fill out our customizable template online and save your progress to your Legal Templates account. Edit it whenever you want, and save and print the final version. Store a copy in your records and bring a copy to your county’s office. By providing the starting form, we help you formalize a quick transfer of property ownership.

Frequently Asked Questions