Quit Claim Deed FAQ

A quit claim deed (also spelled "quitclaim deed") is a legal document used to transfer whatever ownership interest the grantor has in a property to a grantee. Unlike a warranty deed, the grantor makes no guarantees about the title — they simply transfer whatever rights they currently hold.

Quit claim deeds are commonly used to transfer property between family members, add or remove a spouse from a title after marriage or divorce, transfer property into or out of a trust, or clear up a title defect. They are not typically used in arm's-length sales because they offer no title guarantees.

The grantor is the person or entity transferring ownership (the seller or giver). The grantee is the person or entity receiving ownership (the buyer or recipient). A deed can have multiple grantors and/or multiple grantees.

Yes. In virtually every U.S. state, a quit claim deed must be signed in the presence of a notary public and notarized before it can be recorded. Some states also require witnesses. You can get your deed notarized in person at a bank, UPS Store, or through an online notary service like NotaryLive.

Once signed and notarized, the deed must be recorded with the county recorder's office (also called the register of deeds or clerk of court, depending on the state) in the county where the property is located. Recording fees vary by county.

No. A quit claim deed only transfers ownership interest — it does not affect the underlying mortgage. If there is a mortgage on the property, the original borrower remains responsible for it unless the lender agrees to a formal assumption. Always consult a real estate attorney if a mortgage is involved.

No. A warranty deed (general or special) includes covenants — guarantees from the grantor that they actually own the property and that the title is clear. A quit claim deed makes no such promises. It only transfers whatever interest the grantor has, if any. Because of this, quit claim deeds are typically used between trusted parties, not in standard real estate sales.

Possibly. Many states and counties impose a documentary transfer tax or excise tax when real property changes hands. Some transfers — such as between spouses or as gifts — may be exempt. You should check your state's specific rules or consult a real estate attorney.

Yes. Quit claim deeds are one of the simpler real estate documents and many people prepare them without an attorney using an online form like the one on this site. However, if the transfer involves complex situations (a mortgage, divorce settlement, disputed title, or significant asset), consulting a real estate attorney is strongly recommended.