Utah Quitclaim Deed

What Is a Utah Quitclaim Deed?

A Utah quitclaim deed transfers whatever current interest the grantor has in Utah real estate, if any, without deed warranties. It is commonly used for known-party, family, divorce-related, trust, entity, or title-clearing transfers when the parties understand that no warranty protection is being given.

When to Use a Quitclaim Deed in Utah

• Transferring property between family members or former spouses when no deed warranty is intended.
• Moving real estate into or out of a trust or closely held entity, when appropriate.
• Clearing a title issue when a no-warranty quitclaim deed is the correct curative instrument.
• Using a no-warranty deed where the parties know and accept the title-risk allocation.

Utah Requirements for Quitclaim Deeds

• Signing: The grantor signs the deed. If property was recorded as a homestead before the deed, Utah law can require both spouses to join in the conveyance.
• Notarization: The grantor's signature must be acknowledged before a notary or other authorized officer before recording.
• Witnesses: Utah does not require witnesses for ordinary acknowledged deeds.
• Recording: Record the deed with the County Recorder in the county where the property is located.
• Transfer Tax / Recording Fees: Utah has no state or local real-property transfer tax. County recording fees apply and should be confirmed with the County Recorder.
• Water Rights Addendum: Utah provides a Water Rights Addendum for many fee-title and water-right deeds. Use it or confirm with the County Recorder or title company, especially if water rights are involved.
• Co-Owner Vesting: For deeds dated on or after May 1, 2024, a Utah conveyance to two or more persons in their own right generally presumes joint tenancy with right of survivorship unless the deed states otherwise.
• Legal Description: Use the full legal description from a prior deed, title commitment, survey, or other reliable title source. A street address or parcel number alone is usually not enough.

Quitclaim Deed vs Warranty Deed in Utah

A quitclaim deed provides no deed warranties and is not the usual buyer-protection deed for an arm's-length sale. A Utah warranty deed provides statutory warranty covenants. Utah also recognizes a statutory special warranty deed for grantor-period-only warranty situations, but the inactive Utah “grant deed” row should not be treated as a Utah statutory deed category.