A quitclaim deed transfers whatever interest you hold in a property to someone else, with no promises about the title. People reach for one to move property between family members, add or drop a spouse's name after marriage or divorce, or fix an error on a recorded title.
Free to use. Legally binding under the ESIGN Act, UETA, and eIDAS.Updated July 2026 by Document eSign
A quitclaim deed is a legal document that transfers whatever interest one person, the grantor, holds in a piece of real property to another person, the grantee. What sets it apart is what it does not do. It carries no warranty. The grantor is not promising that the title is clear, that there are no liens, or even that they own the property at all. They release whatever claim they have, and if that claim turns out to be nothing, the grantee gets nothing and has no one to sue over it. That is why a quitclaim is common between people who already trust each other, such as family members or a divorcing couple, and a poor choice when you are buying from a stranger. For an ordinary purchase you want a warranty deed and an owner's title insurance policy instead.
Who uses it
Spouses adding or removing a name from the title after marriage or divorceParents transferring a home to a child, or transfers between siblingsCo-owners taking one person off a jointly held titleOwners moving property into or out of a living trust or an LLC for estate planningPeople clearing a cloud on title, such as releasing a possible claim from an ex-partner or heirAnyone correcting a misspelled name or similar error on a recorded deed
What's inside
The grantor and grantee names and addresses, plus how the grantee will hold title (the vesting)
The consideration, meaning what (if anything) is paid for the transfer
A quitclaim conveyance clause that releases only the grantor's interest, with no warranty
Space for the full legal description of the property, plus the parcel or tax ID number
A plain no-warranty-of-title statement
Language making the transfer subject to existing easements, liens, and other encumbrances of record
Preparer and return-to-recording details the county needs
A governing-law line and a signature block set up for notarization
HOW IT WORKS
From template to signed in three steps.
01
Start from the template
Open it in the editor with the fields already mapped, or download the DOCX to edit offline.
02
Add signers and send
Drop signature and date fields, then route each party in order or in parallel.
03
Get a sealed copy
Everyone signs, and you get a tamper-evident PDF plus an audit certificate.
Free forever. No credit card. Your recipients sign with no account.
The details
Everything to know before you send it.
1
How to fill it in
Work through the bracketed fields from top to bottom. Most are routine, but three deserve real care: the legal description, the consideration, and how the grantee will hold title.
Grantor and grantee: full legal names and current addresses. If a married couple owns the property together, list both of them as grantors.
Vesting: state how the grantee takes title, for example as sole owner, as joint tenants with right of survivorship, or as tenants in common. This decides what happens when a co-owner dies, so get it right the first time.
Consideration: the amount actually paid. For a gift or a family transfer, people often enter a nominal figure such as [$10.00] plus 'other good and valuable consideration.' Check what your county recorder expects.
Legal description: copy it word for word from the current recorded deed, not from a tax bill or a listing, and include the parcel or tax ID.
Leave the signature and notary block blank until you are in front of the notary.
2
The mistakes that cost the most
Deeds get rejected or unwound over a short list of avoidable errors, and the legal description causes the most damage. A street address is not a legal description. The legal description is the lot, block, and subdivision, or the metes-and-bounds language, recorded with the county. Copy it verbatim from the most recent deed, punctuation included. A mismatch can get the deed bounced at the counter or cloud the title for years, and fixing it usually means a correction deed or a quiet-title action.
A wrong or incomplete legal description, or using the street address in its place.
Vesting-language errors, such as writing tenants in common when you meant joint tenants with right of survivorship.
Never recording the signed deed, which leaves the transfer unofficial and exposed to competing claims.
Missing signatures, witnesses, or the notary acknowledgment your state requires.
3
Quitclaim deed vs. warranty deed vs. grant deed
These three deeds differ in one thing: how much the grantor promises about the title. A quitclaim promises nothing. The grantor passes only what they happen to own and gives the grantee no one to sue if the title fails. A warranty deed is the opposite. The grantor guarantees clear, marketable title and agrees to defend it, which is why lenders and buyers expect one in an ordinary sale. A grant deed, used in California and some other western states, sits in between: it implies only that the grantor has not already sold the property to someone else and has not loaded it with hidden encumbrances, but it stops short of a full warranty. Use a quitclaim between people who trust each other or already share the property. If money is changing hands at market value, ask for a warranty deed and title insurance instead.
4
Signing, witnesses, notarizing, and recording
Fill the template in, then sign or notarize it as your state requires. Almost every state needs the grantor's signature acknowledged before a notary before the county will record the deed, and a few also require witnesses. Florida, for example, needs two witnesses in addition to the notary, and Georgia needs one witness plus the notary. Requirements vary by state and county, so confirm the local rules before you sign. Once it is signed and acknowledged, record it with the county recorder or register of deeds where the property sits. Recording is what puts the world on notice and fixes your priority, so an unrecorded deed can lose out to a later claim. Recording fees are usually modest, often somewhere from about $25 to $250 depending on the county and page count, and some counties also want a cover form filed at the same time, such as California's Preliminary Change of Ownership Report.
5
The tax questions people miss
A quitclaim can carry tax consequences that catch people off guard, especially on gifts. Three worth thinking about before you sign:
Gift tax: giving property worth more than the annual exclusion, which is $19,000 per recipient as of 2026, means the giver files IRS Form 709. Actual gift tax is rare, because it only applies once you use up the lifetime exemption of $15,000,000 per person in 2026, but the return is still required.
Capital gains basis: a lifetime gift carries over the giver's original cost basis, while inherited property is stepped up to its value at the date of death. Gifting an appreciated home while you are alive can leave the recipient with a much bigger capital-gains bill when they sell than if they had inherited it. This is one of the strongest reasons to get advice before quitclaiming a home to your children.
Property tax reassessment: a change of ownership can reset the assessed value. California is the sharp example. Transfers between spouses are excluded, but under Proposition 19 a parent-to-child transfer keeps the low tax base only if the child moves in as their primary residence within a year, and only up to a cap ($1,044,586 above the base year value for transfers between February 16, 2025 and February 15, 2027). Value above the cap is reassessed.
6
It changes the title, not the mortgage
A quitclaim deed moves the title. It does not touch the loan. If your name is on the mortgage, you stay responsible for it even after you sign the property away, because the deed and the mortgage are separate contracts and only the lender can release a borrower, through a refinance or a formal release of liability. This traps many people in a divorce, where one spouse deeds the house over but stays liable on the loan. There is also the due-on-sale clause to watch, which lets a lender demand full payment when a property changes hands. Federal law, the Garn-St. Germain Act, stops the lender from calling the loan in several common cases, including transfers to a spouse or child, transfers ordered in a divorce, transfers to a relative when the borrower dies, and moving the home into a revocable living trust where the borrower keeps living there. Outside those exceptions, check your loan terms before you transfer title.
7
When to bring in a real estate attorney
Plenty of quitclaims are simple enough to handle with a template, a notary, and a trip to the recorder, especially a clean transfer between family members who trust each other. Bring in a real estate attorney when the stakes or the complications climb: the property carries a mortgage or liens, the transfer is part of a divorce settlement, you are funding a trust or an LLC, the legal description or current ownership is unclear, or a reassessment or gift-tax bill could be large. An hour of advice is cheap next to a correction deed, a quiet-title suit, or a tax surprise.
This template and the guidance on this page are provided for general information only and are not legal advice. Laws differ by country and state, so review the final document against your own situation and have a qualified lawyer check anything high-value or regulated before you sign.
FAQ
Questions, answered.
What does a quitclaim deed actually do?
It transfers whatever interest the grantor holds in a property to the grantee, with no warranty. If the grantor owns the whole property free and clear, the grantee gets that. If the grantor owns nothing, the grantee gets nothing and cannot sue the grantor over it. The deed never guarantees that the title is good, which is both the point and the risk.
Does a quitclaim deed remove me from the mortgage?
No. A quitclaim deed changes who is on the title, not who owes the loan. If your name is on the mortgage, you stay responsible for it until the loan is refinanced into the other person's name or the lender signs a release of liability. Deeding the house to your ex in a divorce does not get you off the mortgage by itself, which surprises a lot of people.
Does a quitclaim deed have to be notarized?
In practice, yes. Almost every state requires the grantor's signature to be acknowledged before a notary before the county will record the deed. Some states also require witnesses: Florida needs two plus the notary, and Georgia needs one plus the notary. The exact rule depends on your state and county, so check locally before you sign.
Is a quitclaim deed valid if it isn't recorded?
It can be valid between the grantor and grantee once it is signed, delivered, and accepted, but recording is what protects the grantee. Recording puts the transfer in the public record, gives everyone notice, and sets your priority over later claims. An unrecorded deed can be beaten by someone who records first, and it can create title and inheritance headaches later. Record it.
Do I have to pay taxes on a quitclaim deed?
Maybe. There is usually no income tax on simply receiving property, but three taxes can come into play. If it is a gift worth more than the annual exclusion ($19,000 per recipient in 2026), the giver files IRS Form 709, though tax is rarely owed. Many states charge a transfer or documentary tax, although interspousal and family transfers are often exempt. And a gifted home keeps the giver's original cost basis, which can mean a bigger capital-gains bill for the recipient later than if they had inherited it. For anything sizable, talk to a tax advisor first.
Do I need a lawyer to file a quitclaim deed?
Not always. A straightforward transfer between family members or co-owners is often handled with a template, a notary, and the recorder's office. Talk to a real estate attorney when there is a mortgage, a lien, a trust or LLC, a divorce settlement, or any question about who really holds title. The cost of advice is small next to fixing a bad deed.
How much does it cost to record a quitclaim deed?
The recording fee itself is usually modest, often between about $25 and $250 depending on the county and the number of pages, commonly a first-page fee plus a per-page charge. On top of that, some states or counties charge a transfer or documentary tax based on the value changing hands, though gifts and many family transfers are exempt. Ask your county recorder for the current fees before you go.
Can a quitclaim deed be reversed?
Not on your own once it is recorded. To undo it, the grantee has to sign a new deed transferring the property back to you, and they are under no obligation to do so. A court can set a deed aside for reasons like fraud, forgery, or lack of capacity, but that means a lawsuit. Be sure before you sign and record.
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