Plain-English definitions

Quitclaim deed

Transfers whatever interest the grantor currently has in the property, if any, without warranties about the quality of title. There are no covenants about liens, encumbrances, or even full ownership.

Definitions: Cornell Law’s Wex entries on quitclaim deed and warranty deed.

Warranty deed

Conveys title with enforceable covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty/defense). Variants: general warranty (full chain) and limited/special warranty (grantor’s period only).

Diagram: chain-of-title coverage for general vs limited warranty deed
Warranty coverage: general (entire chain) vs limited (grantor’s ownership window).

Quick comparison: protections & risks

TopicQuitclaim deedWarranty deed (general/limited)
Promises about title None (no covenants). Transfers whatever interest the grantor may have. Yes—seisin, right to convey, against encumbrances, quiet enjoyment, warranty/defense.
Buyer protection Low—buyer bears title risk; often not lender-acceptable. High—enforceable promises; lender-standard with title insurance.
Common uses Family transfers, divorce, adding/removing spouse, estate clean-up, correcting errors, clearing minor clouds. Arms-length sales to third parties, financed purchases, most standard retail closings.
Title insurance Recommended; some underwriters scrutinize quitclaim deals. Standard—lender’s policy required; owner’s policy recommended.
Recording & taxes Record with county; transfer/documentary taxes/forms vary by state/county. Same; plus customary affidavits/disclosures for insured retail closings.
Financing impact Lenders often refuse to fund based on quitclaim alone. Meets lender expectations alongside title insurance and closing protections.

When a quitclaim is reasonable (and when it isn’t)

Reasonable scenarios

  • Family/estate planning: into/out of a revocable trust, between spouses, probate distributions.
  • Divorce decree: one spouse conveys interest to the other per court order.
  • Record corrections: name changes, scrivener’s errors (with title guidance).
  • Minor cloud resolution: a party releases potential interest to clear title for a separate insured conveyance.

Use caution

  • Arms-length sales: buyers expect warranties + insurance; use a warranty deed.
  • Unknown liens/heirs: quitclaim offers no protection; rely on title search/insurance.
  • Due-on-sale risk: some transfers can trigger mortgage clauses. See CFPB’s Owning a Home.

Why warranty deeds dominate retail sales

Retail transactions need certainty: clear chain of title, proper transfer, and enforceable remedies if defects arise. Warranty deeds provide that framework via covenants, and—paired with title insurance—enable lenders and buyers to proceed with confidence. A quitclaim shifts unknowns to the buyer and often stalls financing.

Rule of thumb: If unrelated parties exchange value (especially with a lender), use a warranty deed with proper title work.

Title insurance, liens & recording

Owner’s & lender’s policies

Title insurance protects against covered defects (e.g., undisclosed liens, forged prior deeds, recording errors). Lenders typically require a lender’s policy; buyers commonly purchase an owner’s policy. See ALTA’s consumer hub: alta.org/consumer.

Recording the deed

Recording with the county provides public notice and preserves priority. Fees, transfer taxes, and forms vary by state/county—check your recorder or register of deeds on an official .gov site.

Liens & payoffs

Mortgages, mechanics’ liens, HOA liens, judgments, and tax liens can survive if not paid or released. Title/escrow pulls payoffs and records releases at or after closing. For a deeper look at safeguards, see Inside a Title Company: How Funds Move Safely.

Wire safety: Confirm payoff and wire instructions directly with the title company via known phone numbers. (FBI IC3 reports persistent real-estate wire fraud.)

Gifts, consideration & tax notes

Quitclaims are common in gifts or nominal-consideration transfers. Federal gift-tax rules may apply; see the IRS overview of the Federal Gift Tax. Property-tax reassessment and transfer-tax rules are state/county-specific.

Informational only—consult a licensed professional in your state or your local legal-aid office (USA.gov directory).

Step-by-step checklist

  1. Define the deal: family/estate update vs. arms-length sale (the latter = warranty deed).
  2. Engage title/escrow early: run a title search; gather payoff, HOA, tax status.
  3. Select the deed form: state-specific warranty (general/limited) or quitclaim + required affidavits/tax forms.
  4. Execute correctly: notarization; witnesses (in some states); exact legal description.
  5. Record & insure: title/escrow records, disburses, and issues policies as applicable.
  6. After closing: retain recorded deed & policy; update insurance, mailing address, estate plan.
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Datasets & licenses

State recording rules differ; consult your county recorder or a local attorney.

E-E-A-T (how we earn trust)

Experience: We coordinate deeded transactions across all 50 states with licensed title/attorney partners. Expertise: Definitions from Cornell LII, industry practice via ALTA, and federal consumer guidance (CFPB, IRS). Authoritativeness: Direct links to primary sources and government sites. Trustworthiness: Clear scope—general education, not state-specific legal advice.