Sahvelo · Glossary

Quitclaim deed

A deed transferring whatever interest the signer has, with no promise that they have any.

What it means

A warranty deed promises that the seller owns what they are selling and will defend the buyer's title against claims. A quitclaim deed promises nothing. It transfers whatever interest the signer happens to hold, which may be everything, a share, or nothing at all.

That makes it the right instrument between people who already know the position — moving a house into a living trust, adding or removing a spouse after a marriage or a divorce, or one heir releasing their share to another — and the wrong instrument for buying anything from a stranger.

Two things a quitclaim does not do are the ones people most often expect. It does not remove anybody from the mortgage: the loan is a separate contract and signing away the deed leaves the debt exactly where it was. And it does not clean up a defective title — it passes the defect along.

Recording it matters. An unrecorded deed can be valid between the two people who signed it and invisible to everybody else, including the next buyer and the county.

Why it matters

It is cheap, it is available online, and it is used constantly for transfers where a different instrument was needed.

Adding an adult child to a deed by quitclaim is one of a frequent and most expensive pieces of well-meant planning: it makes a gift, exposes the house to that child's creditors and divorce, and gives up the step-up in basis at death.

When you are likely to meet it

  • When moving a property into or out of a trust.
  • When a divorce settlement transfers a house between spouses.
  • When one heir wants to release their share of an inherited property to the others.

How this varies by state

The form of deed, its witnessing and notarization, and where it is recorded are set by state law and county practice.

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