GLOSSARY — REAL ESTATE TERMS
Quitclaim Deed
A quitclaim deed transfers whatever ownership interest a person has in a property, without any warranty that the title is clear or that the person even holds valid title -- commonly used between family members rather than in an arm's-length sale.
What a quitclaim deed does and doesn't guarantee
A quitclaim deed transfers whatever interest the grantor has, with no warranty about the condition of title -- no promise there are no liens, no promise the grantor actually owns a clear interest at all. This is very different from a grant deed, which does include such warranties.
Common uses
Because of the limited protection it offers, a quitclaim deed is typically used in situations involving trust, such as adding a spouse to title, transferring property into a family trust, or clearing up a minor title issue between parties who already know and trust each other -- not in a typical arm's-length home purchase.
WHAT TO CONFIRM BEFORE USING A QUITCLAIM DEED
- Confirm this is genuinely the right instrument for your situation, not a purchase
- Verify the grantor's actual interest in the property before relying on the deed
- Consider title insurance even on a quitclaim transfer between family members
- Have the deed properly notarized and recorded with the county
Is a quitclaim deed safe to use when buying a home from a stranger?
Generally no -- because it offers no title warranty, it's not the appropriate instrument for a typical purchase from an unrelated seller, where a grant deed and title insurance are standard.
Does a quitclaim deed require title insurance?
It's not required, but skipping title insurance on a quitclaim transfer leaves the recipient with no protection against existing liens or claims.
Can a quitclaim deed be used to remove someone from title after a divorce?
Yes -- this is one of the most common legitimate uses, transferring one spouse's interest to the other as part of a settlement.