What Is a Quitclaim Deed?
A quitclaim deed transfers whatever ownership interest the person signing it (the grantor) has in a property, if any, without promising that the title is valid or free of claims. A warranty deed, by contrast, includes promises about the title. Like other deeds, a quitclaim deed must meet state signing, notarization, and recording rules, and transferring a home by deed does not by itself change who is responsible for an existing mortgage.
What the law says
- A quitclaim deed passes any title, interest, or claim the grantor may have in the property, but does not claim that the title is valid and contains no warranty or covenants for title; the person receiving it does not get the legal assurance of a general warranty of title. Kenton County (Kentucky) Clerk, Quit Claim Deed
- Example (Washington): a quitclaim deed in the state's statutory form transfers all of the grantor's then-existing legal and equitable rights in the property, but does not cover title the grantor acquires later unless words are added saying so. Revised Code of Washington § 64.04.050
- Example (Washington): by contrast, a warranty deed in the statutory form includes the grantor's promises that the grantor owned the property and had the right to convey it, that it was free from encumbrances, and that the grantor will defend the title against lawful claims. Revised Code of Washington § 64.04.030
- Example (Washington): every deed must be in writing, signed by the party bound by it, and acknowledged before a person authorized to take acknowledgments, such as a notary. Revised Code of Washington § 64.04.020
- Example (Washington): an acknowledged deed may be recorded with the county recording officer where the property is located; a deed that is not recorded is void against a later good-faith buyer or lender who paid value and recorded first. Revised Code of Washington § 65.08.070
- Example (Kentucky): a quitclaim deed must be filed in the county clerk's office where the property (or most of it) is located and must meet all deed recording requirements, including names and mailing addresses of the parties, a legal description, the source of title, and a preparation statement. Kenton County (Kentucky) Clerk, Quit Claim Deed
- Example (Kentucky): the grantor must sign the quitclaim deed with the signature notarized, and both the grantor and grantee (or their agents) must sign a sworn consideration statement that is also notarized. Kenton County (Kentucky) Clerk, Quit Claim Deed
- For federal gift tax purposes, a gift is any transfer to an individual, directly or indirectly, where full consideration (measured in money or money's worth) is not received in return; the donor is generally responsible for paying any gift tax. IRS, Frequently Asked Questions on Gift Taxes
- CFPB mortgage servicing rules recognize that a person may get an ownership interest from a living spouse or parent who is a borrower by quitclaim deed; in that situation it would be reasonable for the servicer to ask for the quitclaim deed, but generally not for additional documents. CFPB, Regulation X § 1024.38 and official interpretation
- If a homeowner wants the original borrower released from liability on the mortgage, as courts often order in divorces, the homeowner generally must assume the mortgage after meeting the lender's or investor's underwriting standards. CFPB, Issue Spotlight: Homeowners face problems with mortgage companies after divorce or death of a loved one
FAQ
What is the difference between a quitclaim deed and a warranty deed?
A quitclaim deed passes whatever interest the grantor has without promising the title is good. A warranty deed includes promises about the title. For example, Washington's statutory warranty deed includes promises that the property was free from encumbrances and that the grantor will defend the title.
Does a quitclaim deed take me off the mortgage?
A deed and a mortgage are separate. The CFPB says that to have the original borrower released from liability, the homeowner generally needs to assume the mortgage after meeting the lender's or investor's underwriting standards.
If I receive a home by quitclaim deed from a parent or spouse, will the mortgage servicer deal with me?
Under CFPB rules, once a servicer confirms your ownership interest as a successor in interest, it must treat you like an original borrower on the loan for servicing purposes. Servicers must tell you what documents they need to confirm your interest.
Is giving property away by deed a gift for tax purposes?
Under IRS rules, any transfer to an individual where full consideration is not received in return is a gift. Some gifts are not taxable, such as gifts to a spouse or gifts not more than the annual exclusion. The IRS gift tax FAQ explains when Form 709 applies.
Do I have to record a quitclaim deed?
State law controls. In Washington, an unrecorded deed is void against a later good-faith buyer or lender who paid value and recorded first. In Kentucky, the deed must be filed with the county clerk where the property is located.
Can a homeowner file a complaint about a mortgage servicer after a divorce or a death in the family?
Yes. The CFPB says homeowners who get the runaround or feel pressured to refinance an existing mortgage should file a complaint with the CFPB.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.