What Is Quitclaim Deed?
A quitclaim deed says, in effect, "I'm giving you whatever I have—no promises." It transfers the seller's interest but doesn't warrant that they own the property, have the right to convey it, or that the title is clear. If the seller has no interest, you get nothing. If there are clouds on title, you inherit them. Use a quitclaim for low-risk transfers: adding a spouse to the deed, transferring into your LLC, divorce settlements, or clearing up title between related parties. Never use it when buying from a stranger—insist on a warranty deed. A quitclaim is fast and cheap, but it gives you no recourse if the title is defective.
A quitclaim deed transfers whatever interest the seller (grantor) has in the property to the buyer (grantee)—with no warranties, covenants, or guarantees about the title.
At a Glance
- What it is: A deed that transfers whatever interest the seller has—no warranties.
- Why it matters: Fast and simple, but no protection if the title is defective.
- Key detail: Use only for known, low-risk transfers—not arm's-length purchases.
- Related: Deed, warranty deed, cloud on title, LLC.
- Watch for: Never accept a quitclaim when buying from a stranger—you get no recourse.
How It Works
No warranties. Unlike a warranty deed, a quitclaim deed includes no covenants. The seller doesn't promise they own the property, have the right to convey it, or that the title is clear. You get whatever interest they have—nothing more.
Common uses. (1) Adding a spouse to the deed—one spouse quitclaims to both. (2) Transferring into an LLC—you quitclaim from yourself to your LLC. (3) Divorce—one spouse quitclaims to the other. (4) Clearing clouds on title—a person with a potential claim quitclaims it away. In each case, you know the parties and the history. The risk is low.
Recording. A quitclaim deed is recorded like any deed. Recording establishes the transfer. But recording doesn't create warranties—you still have none.
When to avoid. Don't use a quitclaim when buying from a seller you don't know. If they don't own the property, or there are liens and clouds on title, you have no recourse. Insist on a warranty deed.
Real-World Example
You own a rental in your name. You form an LLC for asset protection.
You execute a quitclaim deed from yourself (individual) to your LLC. You're transferring your own property to your own entity—you know the title is clear. The quitclaim is appropriate. You record it. The LLC now owns the property. Your mortgage may have a due-on-sale clause—check with your lender before transferring. Same scenario, but you're buying from a wholesaler who only has a contract: a quitclaim would be dangerous. They might not have clear title. Insist on a warranty deed from the actual owner.
Pros & Cons
- Simple and fast—no lengthy covenants.
- Appropriate for transfers between related parties or into your own entity.
- Lower cost than a warranty deed in some contexts.
- Useful for clearing clouds on title when the claimant quitclaims their interest.
- No warranties—you get whatever the seller has. If they have nothing, you get nothing.
- No recourse if the title is defective.
- Never use when buying from a stranger—too risky.
Watch Out
- Execution risk: Never accept a quitclaim when buying from someone you don't know. Insist on a warranty deed. The seller may be hiding clouds on title.
- Compliance risk: Transferring to an LLC can trigger a due-on-sale clause in your mortgage. Check with your lender first.
- Modeling risk: If you're considering a quitclaim from a distressed seller, get a title search and title insurance. Even with a quitclaim, you want to know what you're getting.
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The Takeaway
A quitclaim deed transfers whatever interest the seller has—no warranties. Use it for low-risk transfers: spouse, LLC, divorce, clearing clouds on title. Never use it when buying from a stranger—insist on a warranty deed. You get no recourse with a quitclaim.