Need to transfer property without the complexity of a traditional real estate closing? A quitclaim deed may be the simplest option — but only if you prepare and execute it correctly.
Quitclaim deeds are commonly used for transfers between people who already know and trust each other.
They are often used to:
Add a spouse to a deed
Remove a former spouse after divorce
Transfer property into a revocable trust
Transfer certain property into an LLC
Gift property to a family member
Correct certain ownership or name issues
Release a possible interest in real estate
Clear up certain title issues
The document itself may only be a few pages long.
The hard part is making sure the names, legal description, vesting language, execution requirements, taxes, and recording information are correct.
This guide walks you through the DIY process step by step.
A quitclaim deed transfers whatever ownership interest the grantor currently has in a property.
The key phrase is:
whatever interest the grantor has.
Unlike a warranty deed, a quitclaim deed generally does not guarantee that:
The grantor owns the property
The title is clear
There are no liens
There are no competing ownership claims
The grantor will defend the grantee against future title problems
The grantor is essentially saying:
“Whatever interest I have in this property, I am transferring to you.”
That is why quitclaim deeds are generally used between people who already understand the title situation.
Quitclaim deeds are frequently used for:
For example, one spouse owned the home before marriage and later wants both spouses shown as owners.
A divorce judgment or settlement agreement may require one spouse to transfer their ownership interest to the other.
A homeowner may transfer real estate from their individual name into their revocable trust.
Parents, children, siblings, and other relatives sometimes use quitclaim deeds for property gifts or restructuring ownership.
Real estate investors may use deeds to move rental property into a business entity.
Mortgage and tax consequences should be considered before doing this.
Quitclaim deeds may sometimes be used to release or clarify an ownership interest.
A quitclaim deed is generally a poor substitute for a traditional closing when you're buying property from someone you don't know.
If you're paying substantial money for real estate, you normally want:
A title search
Appropriate title warranties
Title insurance
A properly handled closing
Verification of liens and ownership
A quitclaim deed provides little or no protection if the grantor's title turns out to be defective.
Before you prepare a new quitclaim deed, locate the deed that currently places the property into the owner's name.
This is often called the vesting deed.
You need it because it provides critical information for the new deed.
Look for:
Exact owner name
Current ownership structure
Complete legal description
Parcel information
Recording information
Do not guess.
If the current recorded deed says:
Robert A. Henderson
do not casually change it to:
Bob Henderson
or:
Robert Henderson
Small naming differences can create title issues later.
Start with the county where the property is located.
Search for the county's:
Clerk of Court
Recorder
Register of Deeds
Official Records
Land Records
Many counties provide free online deed searches.
Search the current owner's name and look for the most recent deed conveying the property to that owner.
Download or print the recorded deed if available.
The legal description is one of the most important parts of the deed.
It legally identifies the property being transferred.
It may look something like:
Lot 12, Block B, Sunny Acres Subdivision, according to the plat thereof recorded in Plat Book 15, Page 24, Public Records of ______ County.
Or it may contain:
Metes and bounds
Section-township-range
Condominium unit information
Plat book and page references
Other detailed property descriptions
A property address such as:
123 Main Street, Orlando, Florida
does not replace the legal description.
The street address may appear on the deed, but the legal description identifies the land being conveyed.
County property-appraiser and tax-assessor websites frequently display shortened property descriptions.
Those descriptions may be useful for identifying the parcel, but they can be abbreviated.
For deed preparation, use the complete legal description from a reliable recorded source whenever possible.
Copy it carefully.
Then compare it against the original again.
The grantor is the person giving up or transferring the ownership interest.
You will generally need the grantor's:
Full legal name
Mailing address
Marital status where applicable
Current ownership capacity
The name should correspond with the existing chain of title.
If a person's name has legitimately changed, the deed may need language addressing the former name.
Example:
Sarah J. Wilson, formerly known as Sarah J. Roberts
The grantee is the person or entity receiving the ownership interest.
You will generally need:
Full legal name
Mailing address
Ownership or vesting language
This last point is extremely important.
You are not merely deciding who receives the property.
You may also need to decide how they own it.
Common ownership structures may include:
One individual owns the property.
Two or more people own separate undivided interests.
There is generally no automatic survivorship right.
The surviving owner or owners may automatically receive the deceased owner's interest.
Exact wording and rules vary by state.
Certain states provide a special form of ownership for married couples.
Florida is one state where tenancy by the entireties is commonly used.
Property may be conveyed to a trustee in their capacity as trustee of a named trust.
Real estate can also be conveyed to a properly identified business entity.
Suppose you transfer property to two adult children.
Simply writing both names may not create the survivorship arrangement you intended.
The deed wording can affect:
What happens when one owner dies
Probate
Creditor exposure
Divorce
Ownership percentages
The ability to force a sale
This is one of the areas where DIY deed preparers need to be particularly careful.
This is one of the biggest misunderstandings involving quitclaim deeds.
A quitclaim deed transfers ownership. It does not automatically remove someone from a mortgage.
Example:
You own a home with your former spouse.
You sign a quitclaim deed giving your ownership interest to your ex.
Your name is still on the mortgage.
You may no longer own the house, but you can still be responsible for the debt.
That can be a very bad combination.
Generally through:
Refinancing
A lender-approved assumption with release of liability
Paying off the mortgage
A deed alone does not accomplish this.
If the transfer is part of a divorce, the divorce agreement may require refinancing, but the lender's contract is still a separate issue.
Many people assume:
“I'm giving the property away, so there can't be any transfer tax.”
That is not always true.
Transfer taxes may depend upon:
Property value
Mortgage balance
Relationship between grantor and grantee
Whether money is changing hands
Divorce
Trust ownership
Entity transfers
State law
County rules
Florida, for example, has documentary stamp tax rules that can sometimes treat mortgage debt as consideration.
Other states use very different systems.
Always check with the county recording office or applicable tax authority before recording.
A typical quitclaim deed may include:
Document title
Preparer's name and address
Return-to address
Grantor's legal name
Grantor's address
Grantee's legal name
Grantee's address
Consideration
Granting language
Complete legal description
Parcel identification number
Signature block
Witness lines where required
Notary acknowledgment
Recording margins
Requirements vary by state.
Quitclaim deeds typically use language indicating that the grantor:
remises, releases and quitclaims
their interest in the property to the grantee.
The important point is that a quitclaim deed does not include the warranty language found in a warranty deed.
Don't mix the two deed types together.
Many deeds contain language such as:
“For $10.00 and other good and valuable consideration...”
But the appropriate consideration language depends upon the transaction.
Do not simply leave the consideration section blank.
The consideration can also affect transfer-tax calculations.
Insert the full legal description from the current deed or another appropriate recorded source.
Double-check:
Lot number
Block
Plat book
Page number
County
Section
Township
Range
Condominium information
Metes-and-bounds calls
A single wrong number can create a serious title problem.
Many deeds include the property's parcel identification number.
Depending upon the jurisdiction, it may be called:
Parcel ID
Tax ID
Property ID
APN
Folio number
You can often locate this number through the county property appraiser or assessor.
The parcel number does not replace the legal description.
Deed execution rules are state-specific.
Some states require witnesses.
Others do not.
Some states impose specific notary wording or formatting requirements.
Florida, for example, generally requires two subscribing witnesses to the grantor's signature.
Do not use a deed form simply because it says “Quitclaim Deed” at the top.
A form drafted for another state may contain the wrong:
Witness requirements
Notary acknowledgment
Formatting
Tax language
Granting language
Recording information
The grantor's signature generally must be acknowledged before a notary or other authorized officer for recording.
The notarial certificate should be completed correctly.
Depending upon state law, that may include:
State and county venue
Date
Signer's name
Identification method
Physical or online appearance
Notary signature
Seal
Commission information
Do not notarize an incomplete document.
Record the deed in the county where the property is located.
Depending upon the county, you may be able to record:
In person
By mail
Electronically
You may need:
Original signed deed
Recording fee
Transfer tax
Cover sheet
Transfer declaration
Return envelope
Other county-specific forms
Once the deed is recorded, don't forget the follow-up work.
Depending upon the transfer, consider updating:
Homeowner's insurance
Property appraiser or assessor
Homestead exemption
Mortgage servicer
HOA
Condominium association
Estate plan
Trust records
LLC records
Keep a copy of the recorded deed.
Also keep the:
Instrument number
Recording date
Book and page, if applicable
Do not substitute a street address or shortened tax description.
The name should connect cleanly to the existing chain of title.
The way the grantee takes title matters.
The deed and mortgage are separate.
Even a family transfer can create tax depending upon the circumstances.
Execution requirements vary.
A properly notarized deed can still have execution problems if required witnesses are missing.
Signing and notarizing is not the end of the process.
If your goal is to transfer property at death, a quitclaim deed may accomplish something very different.
Be careful.
A traditional quitclaim deed generally transfers your ownership interest during your lifetime.
That may affect:
Control of the property
Creditor exposure
Divorce exposure
Capital gains
Gift-tax reporting
Medicaid planning
If your real goal is:
“I want my child to receive the home when I die, but I want to keep complete control while I'm alive,”
research whether your state recognizes:
Lady Bird Deeds
Transfer on Death Deeds
Beneficiary Deeds
Revocable Living Trusts
Those are fundamentally different strategies.
For a straightforward transfer, many property owners do prepare their own deed.
The process is manageable when:
Everyone agrees
You understand the current ownership
You have the correct legal description
There are no title disputes
You understand how the grantee should take title
You know the execution rules
You've checked transfer taxes
You know where and how to record it
But the document may deserve professional attention when the transfer involves:
Contested divorce
Probate disputes
Unknown heirs
Medicaid planning
Long-term care planning
Tax issues
Partial parcel transfers
Significant business interests
Complicated title history
Multiple states
Large financial exposure
If you'd rather prepare the deed yourself but want more than a generic internet form, our DIY Deed Preparation Course walks you through the process.
Learn how to research, prepare, execute, and record real estate deeds.
Includes editable templates covering deed types such as:
Quitclaim Deeds
Warranty Deeds
Special Warranty Deeds
Lady Bird Deeds
Transfer on Death Deeds
Beneficiary Deeds
Life Estate Deeds
Correction Deeds
Learn how to locate:
Current deeds
Legal descriptions
Parcel information
Recording data
Understand:
Sole ownership
Joint tenancy
Survivorship
Tenancy in common
Tenancy by the entireties
Trust ownership
Entity ownership
Learn how to research:
County fees
Recording requirements
Transfer taxes
Exemptions
Cover sheets
E-recording
Learn how to use AI as a research and drafting assistant while verifying the final document before execution and recording.
Especially useful for notaries or document-preparation businesses interested in offering deed-preparation services while understanding the line between document preparation and legal advice.
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19 Lessons
State-Specific Deed Templates
Editable DOCX + Printable PDF
State-specific:
Power of Attorney templates
Last Will & Testament templates
Get the DIY Deed Preparation Course →
Already understand the process?
If you have:
The current deed
Correct legal description
Grantor information
Grantee information
Correct vesting
County recording requirements
then you may only need the template.
Get editable state-specific deed templates without the complete course.
Get the Deed Template Library — $9.99 →
The templates are already included with the $37 course.
Don't want to prepare it yourself?
Noble Notary & Legal Document Preparers offers done-for-you deed preparation.
We can prepare the document at your specific direction and provide it ready for execution.
Our service can include:
Reviewing the current deed
Locating the legal description
Reviewing current vesting information
Preparing the quitclaim deed
Formatting it for execution
Delivering the finished document electronically
321-283-6452
gracie.sias32@gmail.com
Have the following available:
Property address
Current owner's name
New owner's name
Copy of the current deed if available
Your specific instructions for the transfer
We are a non-attorney legal document preparation service and do not provide legal advice.
A quitclaim deed transfers whatever interest the grantor currently has without providing a warranty of title.
A warranty deed includes warranties concerning title.
No.
The deed transfers whatever interest the grantor has.
That is one reason quitclaim deeds should be used cautiously in arm's-length purchases.
In many straightforward transactions, yes.
You still need to correctly handle the:
Legal description
Grantor information
Grantee information
Vesting language
Consideration
Witnesses
Notarization
Transfer tax
Recording
Usually the grantor signs because the grantor is conveying the ownership interest.
Additional requirements depend upon the state and transaction.
No.
A deed transfers title.
A mortgage is a separate debt obligation.
Costs can include:
Deed preparation
Notary fees
Witness fees
Recording fees
Transfer taxes
Our options are:
DIY Deed Preparation Course: $37
Deed Template Library: $9.99
Done-for-You Deed Preparation: $225
Quitclaim deeds are commonly used to implement agreed or court-ordered property transfers following divorce.
However, transferring title does not automatically remove either spouse from mortgage liability.
Quitclaim deeds are sometimes used to transfer property into a revocable living trust.
The deed needs to correctly identify the trustee and trust capacity.
Mortgage, insurance, tax, homestead, and estate-planning considerations may also apply.
Potentially, but this deserves additional review.
A transfer to an LLC can affect:
Mortgage provisions
Insurance
Taxes
Homestead
Liability planning
Title
Check your loan documents before transferring mortgaged property to an entity.
Recording and validity are separate legal concepts, and rules vary by jurisdiction.
As a practical matter, failing to record can create serious problems proving ownership and establishing priority against later interests.
Proper recording should normally be part of the process.
Noble Notary & Legal Document Preparers provides non-attorney document preparation services and educational resources for real estate document preparation.
Services and templates include:
Quitclaim Deeds
Warranty Deeds
Lady Bird Deeds
Transfer on Death Deeds
Beneficiary Deeds
Powers of Attorney
Last Wills & Testaments
Phone: 321-283-6452
Email: gracie.sias32@gmail.com
Noble Notary & Legal Document Preparers is not a law firm and does not provide legal advice, legal opinions, recommendations, or legal representation.
Our document preparation services are performed at the customer's specific direction.
Our templates, guides, and courses are educational products.
Deed requirements vary significantly by state and county.
Recording fees, transfer taxes, witness requirements, notary requirements, exemptions, formatting rules, and other requirements can change.
Verify current requirements with the recording office in the county where the property is located.
Consider consulting a licensed attorney, tax professional, title company, surveyor, or other qualified professional when the transaction involves complicated ownership, title disputes, tax exposure, Medicaid planning, divorce disputes, partial parcels, business interests, or other significant legal or financial consequences.