legal

Quitclaim Deed

A quitclaim deed is a legal document that transfers whatever interest a person has in a property to another party without any warranties or guarantees about the title's validity. The grantor makes no promises about owning the property or having clear title.

Example

“When John divorced his wife, he signed a quitclaim deed to transfer his interest in their family home entirely to her.”

Memory Tip

Remember 'quit' + 'claim' = the seller quits (gives up) their claim to the property, whatever that claim might be worth.

Why It Matters

This type of deed offers no protection to the buyer, making it risky for traditional sales but useful for transfers between family members or to clear up title issues.

Common Misconception

People often mistakenly believe a quitclaim deed guarantees the grantor actually owns the property being transferred.

In Practice

A divorced spouse signs a quitclaim deed to transfer their interest in the marital home to their ex-partner, removing themselves from the title but not necessarily from the mortgage obligation.

Etymology

The term combines 'quit' from Old French 'quiter' meaning 'to release' and 'claim,' literally meaning the grantor is releasing any claim they might have to the property.

Common Misspellings

quit claim deedquick claim deedquitclaimed deedquite claim deed

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