Quitclaim Deed
A quitclaim deed, also known as a "release deed," is best thought of as a type of release form. In signing a quitclaim deed, the grantor merely transfers to the recipient (also called the "grantee") whatever interest the grantor may (or may not) have in the subject property. The grantor makes no warranty whatsoever that he or she actually has valid title to the property. In some cases, a grantor may not transfer any interest at all when executing this type of deed. Recipients of a quitclaim deed should be cautious due to the lack of warranty and assurance from the grantor. Common use scenarios for a quitclaim deed include transfers between family members, divorcing spouses, or transferring real estate into a trust. Due to the lack of warranty in quitclaim transactions, the payment of nominal consideration, such as $10, is common.
- 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
Do your quitclaim deeds comply with the applicable state laws?
Our quitclaim deeds for all 50 states are in compliance with all state laws regarding their format and content, and they come equipped with checklists and instructions to help you complete the process.
Who are the intended purchasers of quitclaim deeds?
✔ Anyone who is seeking to convey real estate into a trust.
✔ Anyone who is an owner of record of a property who wants to clear or avoid title issues resulting from possible claims by a divorcee, squatter, cohabitant, family member, business partner, tenant, investor, heir, executor of an estate, or beneficiary of a trust.
✔ Anyone who wants to transfer ownership of a property without providing any warranties or guarantees about the condition of the property or the grantor's title to the property.
What are the advantages of using a quitclaim deed?
✔ Convenience: A quitclaim deed is a simple legal document that can be used to transfer ownership of a property quickly and easily.
✔ Cost-Savings: A quitclaim deed is usually less costly than other deeds, making it a cost-effective solution for transferring property ownership without the need for costly title insurance, property surveys, or appraisals.
✔ Versatility: A quitclaim deed can be used to transfer any type of real property, including land, buildings, and mineral rights.
✔ Speed: The transfer process using a quitclaim deed can be completed quickly, making it a good option for those who need to transfer property in a hurry.
✔ No Liability: No liability for past issues, a quitclaim deed does not provide any warranty or guarantee that the person transferring the property has good title. The person transferring the property will not be held responsible for any past issues with the property.
✔ No Encumbrances: A quitclaim deed does not require any liens or judgments to be cleared before the transfer, making the process even more straightforward.
✔ No Restrictions: A quitclaim deed can be used by any individual, organization, or entity with an interest in the property, as long as they have the legal right to transfer the property.
✔ Instant Availability: Our quitclaim deeds are instantly made available to download in Word format, making it easy for you to complete the process quickly and efficiently.
✔ Complete with Checklist and Instructions: Our quitclaim deeds come complete with a checklist and instructions, making it easy to ensure that the document is completed correctly and efficiently.
What are the top disadvantages for the person receiving property conveyed by a quitclaim deed?
The parties should take into account the following disadvantages for the person receiving property conveyed by a quitclaim deed. If these concerns are a potential issue, the parties may consider using a grant deed or warranty deed instead.
☞ No Warranty of Title: Title and escrow companies often do not accept quitclaim deeds in property sale transactions due to the potential difficulties in proving good title by the grantee. In instances where the original grantor of the quitclaim deed is deceased, unavailable, or unable to confirm good title at the time of execution, it may result in complications, delays, and even the potential failure of subsequent sale transactions. These factors can make it challenging for the grantee to sell the property in the future.
☞ No Protection Against Fraud: Quitclaim deeds only transfer the grantor's interest in the property, and they provide no protection against fraud. In cases where the grantor is attempting to perpetrate a scam and does not possess the legal authority to transfer the property, the grantee may be left with no legal claim to the property, leaving them vulnerable to fraud.
☞ No Protection Against Encumbrances: A quitclaim deed does not protect against encumbrances on the property, such as liens, judgments, unpaid taxes, utility bills, zoning violations, inheritance claims, or claims from creditors. These encumbrances can make the property less desirable to buyers and make it harder to sell in the future.
Tips for a Smooth Real Estate Transaction: Utilizing Our Instructional Checklists
One should approach a real estate transaction with the utmost care and diligence. Our instructional checklists, included with every purchase of a deed from PublicLegal, are designed to assist you in completing your document. Please read the Initial Summary for your document and the checklist before beginning the process of filling out and executing the document. To avoid unnecessary complications, ensure that you have the complete names as they appear on the parties' government issued identification cards, addresses, and marital status for each party as well as a complete legal description and any prior recording information (i.e., from a prior transaction) for the property.
Our quitclaim deeds for all 50 states are in compliance with all state laws regarding their format and content, and they come equipped with checklists and instructions to help you complete the process.
Who are the intended purchasers of quitclaim deeds?
✔ Anyone who is seeking to convey real estate into a trust.
✔ Anyone who is an owner of record of a property who wants to clear or avoid title issues resulting from possible claims by a divorcee, squatter, cohabitant, family member, business partner, tenant, investor, heir, executor of an estate, or beneficiary of a trust.
✔ Anyone who wants to transfer ownership of a property without providing any warranties or guarantees about the condition of the property or the grantor's title to the property.
What are the advantages of using a quitclaim deed?
✔ Convenience: A quitclaim deed is a simple legal document that can be used to transfer ownership of a property quickly and easily.
✔ Cost-Savings: A quitclaim deed is usually less costly than other deeds, making it a cost-effective solution for transferring property ownership without the need for costly title insurance, property surveys, or appraisals.
✔ Versatility: A quitclaim deed can be used to transfer any type of real property, including land, buildings, and mineral rights.
✔ Speed: The transfer process using a quitclaim deed can be completed quickly, making it a good option for those who need to transfer property in a hurry.
✔ No Liability: No liability for past issues, a quitclaim deed does not provide any warranty or guarantee that the person transferring the property has good title. The person transferring the property will not be held responsible for any past issues with the property.
✔ No Encumbrances: A quitclaim deed does not require any liens or judgments to be cleared before the transfer, making the process even more straightforward.
✔ No Restrictions: A quitclaim deed can be used by any individual, organization, or entity with an interest in the property, as long as they have the legal right to transfer the property.
✔ Instant Availability: Our quitclaim deeds are instantly made available to download in Word format, making it easy for you to complete the process quickly and efficiently.
✔ Complete with Checklist and Instructions: Our quitclaim deeds come complete with a checklist and instructions, making it easy to ensure that the document is completed correctly and efficiently.
What are the top disadvantages for the person receiving property conveyed by a quitclaim deed?
The parties should take into account the following disadvantages for the person receiving property conveyed by a quitclaim deed. If these concerns are a potential issue, the parties may consider using a grant deed or warranty deed instead.
☞ No Warranty of Title: Title and escrow companies often do not accept quitclaim deeds in property sale transactions due to the potential difficulties in proving good title by the grantee. In instances where the original grantor of the quitclaim deed is deceased, unavailable, or unable to confirm good title at the time of execution, it may result in complications, delays, and even the potential failure of subsequent sale transactions. These factors can make it challenging for the grantee to sell the property in the future.
☞ No Protection Against Fraud: Quitclaim deeds only transfer the grantor's interest in the property, and they provide no protection against fraud. In cases where the grantor is attempting to perpetrate a scam and does not possess the legal authority to transfer the property, the grantee may be left with no legal claim to the property, leaving them vulnerable to fraud.
☞ No Protection Against Encumbrances: A quitclaim deed does not protect against encumbrances on the property, such as liens, judgments, unpaid taxes, utility bills, zoning violations, inheritance claims, or claims from creditors. These encumbrances can make the property less desirable to buyers and make it harder to sell in the future.
Tips for a Smooth Real Estate Transaction: Utilizing Our Instructional Checklists
One should approach a real estate transaction with the utmost care and diligence. Our instructional checklists, included with every purchase of a deed from PublicLegal, are designed to assist you in completing your document. Please read the Initial Summary for your document and the checklist before beginning the process of filling out and executing the document. To avoid unnecessary complications, ensure that you have the complete names as they appear on the parties' government issued identification cards, addresses, and marital status for each party as well as a complete legal description and any prior recording information (i.e., from a prior transaction) for the property.
NOTE: The Quitclaim Deed shown below is only a sample. It is not specific to the laws of your state. To ensure compliance with your state's laws related to recording, format, and content, please select your state above. The sample below is shown only to provide a general idea as to the kind of information that is required when conveying property through a quitclaim deed. Our real estate documents are professionally formatted to meet all state requirements.
QUITCLAIM DEED
THIS QUITCLAIM DEED, Executed this _____ day of __________________, 20_____, by first party ___________________________________________ whose post office address is ___________________________________________ to second party, ___________________________________________ whose post office address is ___________________________________________.
WITNESSETH, That the said first party, for good consideration and for the sum of $_______________ paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of_____________________, State of_______________, to wit:
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in presence of:
____________________________
First Party
____________________________
First Witness
____________________________
Second Party
____________________________
Second Party
STATE OF }
COUNTY OF }
On _____________________ before me, ___________________________________________, personally appeared ___________________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
_____________________________
Signature
Affiant: _____Known _____Unknown
ID Produced: ________________________
[Seal]
THIS QUITCLAIM DEED, Executed this _____ day of __________________, 20_____, by first party ___________________________________________ whose post office address is ___________________________________________ to second party, ___________________________________________ whose post office address is ___________________________________________.
WITNESSETH, That the said first party, for good consideration and for the sum of $_______________ paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of_____________________, State of_______________, to wit:
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in presence of:
____________________________
First Party
____________________________
First Witness
____________________________
Second Party
____________________________
Second Party
STATE OF }
COUNTY OF }
On _____________________ before me, ___________________________________________, personally appeared ___________________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
_____________________________
Signature
Affiant: _____Known _____Unknown
ID Produced: ________________________
[Seal]