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Quit-Claim Deed

A quit-claim deed transfers whatever ownership interest one person has in a property to another person—with no warranties or guarantees about the title. Unlike a warranty deed, the grantor makes no promises that the title is clear or that they actually own the property. Quit-claim deeds are most common for transfers between family members, divorces, or adding a spouse to title.

The phrase 'quit-claim' means the grantor is quitting (giving up) their claim to the property, whatever that claim may be. If they have full ownership, the deed transfers full ownership. If they have partial ownership, only that partial interest transfers. If they have no valid ownership at all, the deed transfers nothing. This is very different from a general warranty deed, where the seller guarantees clear title back through the full chain of ownership.

Common situations for quit-claim deeds: A divorce settlement where one spouse transfers their interest to the other. Parents transferring a vacation property to an adult child. Removing a deceased owner's name from title. Adding a new spouse to title after marriage. Correcting a misspelling in a previous deed.

Important: a quit-claim deed does not remove someone from a mortgage. If your ex-spouse quit-claimed their interest to you in a divorce but is still on the mortgage note, they're still legally obligated to pay the loan. The only way to remove someone from a mortgage is to refinance the loan in one person's name. Failing to understand this distinction causes significant financial and legal problems post-divorce.

Key Takeaway

A quit-claim deed transfers whatever ownership interest one person has in a property to another person—with no warranties or guarantees about the title. Unlike a warranty deed, the grantor makes no promises that the title is clear or that they actually own the property. Quit-claim deeds are most common for transfers between family members, divorces, or adding a spouse to title.

Related Terms

Frequently Asked Questions

It depends on the context. Between family members or in a divorce where you know the title history, it's generally fine. For a purchase from a stranger, insist on a general warranty deed—it guarantees you're getting clear title.

No. A quit-claim deed only affects the title (ownership), not the mortgage. If someone is on the loan, they remain financially responsible for it even after quit-claiming their ownership interest away.

It's highly recommended. While quit-claim deeds are relatively simple documents, errors can cloud title and create expensive problems later. An attorney can ensure the deed is properly drafted, executed, and recorded.

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