Quit Claim Deed
Last Modified: October 2009
Quit Claim Deed Forms
A quitclaim deed, also referred to as a quit claim deed or quick deed, operates as a release, to transfer or quit any title, interest, or claim which the grantor may have in the property, while providing no guarantee the grantor has a valid interest in or title to the property. In contrast, a warranty deed professes and guarantees good title. Since a quit claim deed only transfers the rights that the grantor has in the property, quit claiming does not affect the interest of others who do not sign the quitclaim deed. To summarize, a quitclaim deed only affects the parties to the deed while others retain their ownership.
A quitclaim deed does not convey a free and clear interest in the property, therefore, liens and encumbrances, including liability for them, are usually unaffected by the execution of quitclaim deeds. To quit claim to another person does not relieve the grantor of his or her mortgage responsibility. Despite executing a quitclaim deed, the mortgage remains on the property and the grantor, if the grantor signed or guaranteed the mortgage, remains responsible for it. An unintended consequence of a quitclaim deed can be that a grantor remains liable for the mortgage after giving up all rights to ownership or interest in the property. Of course, if the property is sold outright, the mortgage will have to be satisfied at closing. Title insurance companies may be unwilling to issue title insurance based on a quitclaim deed.
Quitclaim deed forms are often used to clear up questions of or eliminate clouds on title but can also be used when there is no concern over other claims of ownership. If family members share ownership, a quit claim deed can be used to sell or transfer the property. A quit claim form is frequently used between family members or divorcing spouses. Wives, husbands, parents or siblings can easily transfer their interest by executing a quitclaim deed.
The quitclaim deed is the standard means of adding or removing a person from a title. To remove a name from a deed, use a quitclaim deed and list all the present owners as grantors and list all the present owners, minus the person whose name is being removed, as grantees. Conversely, add a person to the title by listing all present owners as grantors and listing all present owners plus the person to be added as grantees. See our Quitclaim Deed FAQ for more information on quit claims.
The grantor can retain the right to possess and occupy the property after signing a quit claim by retaining a life estate. The life estate gives the grantor the absolute right to use the property until their death. After the grantor's death, the grantee gets the right to possess the property.
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