A quitclaim deed transfers whatever interest you own by signing, notarizing, and recording a short deed with your local recorder.
Need a fast, plain transfer between family, ex-spouses, or co-owners, or trusted friends? This walkthrough shows how a quitclaim works, when to use it, and the exact steps to file it right the first time. You’ll see where state rules differ, what fees crop up, and how to avoid the two big tripwires: title gaps and due-on-sale clauses in mortgages.
Quitclaim Deed Basics
A quitclaim deed moves ownership interest from the grantor to the grantee without warranties. It says, in effect, “I give you whatever I have,” and nothing more. That’s perfect for low-risk transfers—adding or removing a spouse, clearing up a name change, moving property into a trust, or fixing a boundary line description.
For arms-length sales, buyers usually want a warranty deed.
How To Do A Quitclaim Deed Step By Step
If you came here wondering how to do a quitclaim deed, the process breaks down into clear, repeatable actions. Work through the checklist below before you sign anything.
| Step | Who Handles It | What You Need |
|---|---|---|
| Confirm current ownership and liens | Owner or title company | Recent deed, mortgage info, title search |
| Check loan terms for due-on-sale risks | Owner and lender | Mortgage note, lender contact |
| Choose the correct state/county form | Owner | County-approved template, legal description |
| Gather exact legal description | Owner | From last recorded deed or survey |
| Draft the quitclaim deed | Owner or attorney | Grantor/grantee names, consideration, return address |
| Sign in front of a notary | Grantor (and grantee if required) | Valid ID, notary acknowledgment, any witness needs |
| Record with the correct county | Owner or runner | Recording fee, transfer tax forms, cover sheet if required |
| Order certified copies | Owner | For your files, lender, or HOA |
| Update tax and mailing records | New owner | Assessor and treasurer change forms |
Pick The Right Use Case
Quitclaims shine inside families or among trusted co-owners. They’re handy for removing a former spouse after divorce, gifting a share to a child, swapping title into a living trust, or cleaning up misspellings. They’re not great for arm’s-length sales where the buyer needs full title protection.
Get The Legal Description Right
The deed must carry the exact legal description—lot and block, metes and bounds, or condo unit language. Pull it from the most recent recorded deed instead of a listing, tax bill, or map. If the property spans more than one parcel, include each parcel number if your county asks for it on a cover sheet.
Understand Mortgage And Due-On-Sale Rules
If the property has a mortgage, a transfer can trigger the lender’s due-on-sale clause. Under federal law, lenders generally may enforce those clauses, with narrow carve-outs like certain intra-family or trust transfers (12 U.S.C. § 1701j-3). Check your note and talk with the servicer before you sign. If approval is needed, get it in writing to avoid surprises.
Doing A Quitclaim Deed—State Rules And Timing
States set the signing format, witness count, and transfer taxes. Many ask for a notary acknowledgment; a few add one or two witnesses; some attach state transfer tax affidavits. Recording must happen in the county where the land sits, and every county has its own fee schedule and cover sheet rules.
Here are patterns you’ll see around the U.S. Match them against your county’s checklist before you head to the recorder’s window or drop a packet in the mail.
Typical Signature And Notary Patterns
- Notary only: Common in many states. The notary verifies the signer’s ID and acknowledgment.
- Notary + one witness: Less common, but still out there.
- Notary + two witnesses: States like Florida require two witnesses; the notary can serve as one, with a second adult signing as the other witness.
Some counties reject deeds that use out-of-state acknowledgment wording. If you’re signing abroad, ask about an apostille or a U.S. embassy notary slot.
Where And How To Record
You record in the county where the property sits, in your county. Many offices accept walk-ins, mail-in packets, or courier delivery; a growing number also offer e-recording through approved vendors. Recording staff check formatting—margins, font size, names, return address—and collect fees and any transfer tax due. They don’t check legal sufficiency.
Backlogs happen. Build in time if you’re aligning the deed with a refinance, HELOC, or probate deadline.
Costs, Taxes, And Timing
Expect three basic costs: notary, recording, and transfer tax. Notary fees are small. Recording fees vary by county and page count. Some states charge a transfer tax based on value or consideration; family gifts or deeds into a trust may qualify for exemptions.
Typical Fees And Paperwork
- Notary fee: Modest per signature; mobile notaries charge travel.
- Recording fee: Flat plus per-page rates; higher if the deed needs a cover sheet.
- Transfer tax/affidavit: State-level forms and tax may apply; exemptions often require specific code citations on the deed or affidavit.
Gifts can create federal filing duties. If you transfer equity for little or no money, you may need to file a gift tax return even when no tax is due. Many family deeds fall under the annual exclusion, but large gifts roll up to the lifetime exemption—see the Instructions for Form 709.
| Situation | What To Watch | Next Step |
|---|---|---|
| Add a spouse to title | Due-on-sale risk, transfer tax exemptions | Check lender, claim marital exemption if available |
| Remove a former spouse | Refi or release from mortgage | Record deed, then update mortgage or refi |
| Gift to a child | Gift tax filing, basis rules | File Form 709 if required; keep basis records |
| Move into a revocable trust | Insurance and lender notice | Record deed to trustee; notify insurer |
| Deed between LLC and owner | Transfer tax triggers | Check state exemptions and entity rules |
| Correct a name or typo | Exact before/after names | Attach a corrective deed statement if needed |
| Boundary or parcel cleanup | Multiple legal descriptions | List each parcel; confirm assessor numbers |
Sample Wording You’ll See On A Quitclaim
Titles vary—“Quitclaim Deed,” “Quit-Claim Deed,” or “Quitclaim.” The body usually includes: grantor and grantee names and mailing addresses; a short sentence that the grantor quitclaims the described property; the legal description; consideration (often “for love and affection” or “ten dollars and other value”); the return address; and a notary block with venue, date, and acknowledgment language.
Keep names consistent with ID cards to keep the chain of title clear.
How Title Insurance Sees A Quitclaim
A quitclaim doesn’t promise clear title, and title insurers underwrite accordingly. For intra-family or trust transfers, most carriers treat the risk as low. For arms-length deals, they’ll ask for a warranty form or extra searches. If you plan to sell soon, talk with your title company before you record so you don’t create gaps that slow a later closing.
Risks You Can Avoid
Due-On-Sale Surprises
Mortgaged homes carry due-on-sale language. Some transfers—into a living trust where you remain a beneficiary, to a spouse, or to a child on death—often slip inside federal carve-outs. Others don’t. If the bank can call the loan, line up consent or be ready to refinance.
Bad Legal Descriptions
A missing lot number or a clipped metes-and-bounds line can leave the grantee with nothing. Read the description aloud against the last recorded deed. If it’s long, attach it as “Exhibit A” and staple or scan it to the deed so the recorder gets a complete package.
Wrong County Or Missing Fees
Recording in the wrong county or skipping a transfer tax affidavit leads to rejections and delays. Check your county’s fee schedule and any cover sheet rules before you ship a packet. Many offices publish line-by-line recording checklists.
Quick State Notes (Illustrative)
These quick notes show how requirements vary. Always match the deed to your state and county form.
- Florida: Two witnesses plus a notary are standard for deeds.
- New York: Notary acknowledgment, no witness signatures, and state transfer tax forms at recording.
- Michigan: Notary required; witnesses not required for recording.
- Nevada & California counties: Record where the land sits; expect specific margin sizes and cover sheets in many counties.
Proof You Filed It Right
After recording, the county stamps an instrument number and date. Ask for one certified copy for your files and another for any lender or HOA. Then notify the county assessor so records track the new owner.
Plain Checklist: From Draft To Recorded
- Pull the last recorded deed and mortgage note.
- Call the loan servicer to ask about consents or carve-outs.
- Download the correct county or state template, plus any transfer tax affidavit.
- Copy the legal description exactly.
- Fill in names, mailing addresses, and consideration language.
- Sign in front of a notary; add witnesses if your state requires them.
- Record in the county where the land sits, by walk-in, mail, e-recording.
- Pay fees and taxes; keep stamped copies.
- Update assessor and insurer records.
When To Get Extra Help
Bring in a local real-estate attorney when money is changing hands, a mortgage sits on the property, the legal description looks unusual, or a family transfer could affect Medicaid or tax planning. A review costs less than fixing a botched deed later.
Wrap-Up: Make It Clean, Clear, And Recorded
Now you know how to do a quitclaim deed from the first phone call to a stamped copy. Use the right form, copy the legal, sign with the right notary and witnesses, record in the right county, and keep your proof organized.