To do a quitclaim deed, you fill out a short state-approved form naming the grantor and grantee and describing the property, sign it in front of a notary, and file it with your county recorder’s office along with any required transfer forms and fees. The whole process can usually be finished in a single day. What makes it different from other deeds is what it does not do: a quitclaim transfers whatever interest the signer has, with no promise that the title is clean.
When a Quitclaim Deed Is the Right Tool
Quitclaim deeds work best between people who already know and trust each other. Common uses include transferring a home to a spouse, removing an ex-spouse’s name after a divorce, deeding property into your own revocable trust, and giving real estate to a child. They are not suitable for arm’s-length sales between strangers, where the buyer will want the title warranties that come with a general warranty deed. The grantee receives exactly the interest the grantor had, along with any liens, judgments, or defects already attached to the property.
What to Gather Before You Start
A few pieces of information have to be exact, because errors here can cloud the title for years.
- The full legal names of the grantor (the person giving up the interest) and the grantee (the person receiving it). These names must match each party’s identification and the name on the property’s most recent recorded deed. A missing middle name or an outdated married name can create problems for future sales or refinancing.
- The legal description of the property. This is not the street address. It is the metes-and-bounds description, the lot-and-block number from a subdivision plat, or a section-township-range description. You can find it on the deed you received when you bought the property, or by requesting a copy from your county recorder’s office.
- The tax parcel identification number, sometimes called an assessor’s parcel number. Many jurisdictions require it, and it appears on your property tax bill.
- A blank quitclaim deed form. County clerks often provide them. Legal document providers and online legal services also sell them. Confirm that the form meets your state’s requirements for formatting, margin sizes, and required language.
Filling Out the Deed
A quitclaim deed is usually one or two pages. The main fields are the names of the grantor and grantee, the legal description of the property, the consideration, and a statement that the grantor is quitclaiming all interest in the property to the grantee. Some states also require you to specify how the grantee will hold title, such as sole owner, joint tenants with right of survivorship, or tenants in common.
The consideration line asks for the value exchanged. In a family gift, there is no real purchase price, so the deed typically lists a nominal amount such as “ten dollars and other good and valuable consideration” to satisfy the technical requirement that a deed state some value. In an actual sale, you list the purchase price.
Supplemental Forms
Many jurisdictions require additional paperwork alongside the deed. A common one is a preliminary change of ownership report or similar tax affidavit, which tells the local assessor about the transfer so the office can decide whether to reassess the property’s value. These forms ask whether the transfer qualifies for a tax exemption; transfers between spouses or between parents and children are often exempt from reassessment. Some states also require a real estate transfer tax declaration or an affidavit of property value. If you leave out a required form, the recorder’s office will reject the entire filing and you will have to resubmit.
Signing and Notarizing the Deed
The grantor signs. The grantee does not need to sign, because accepting the recorded deed counts as acceptance of the interest. If more than one person owns the property and you want to transfer the whole interest, every owner must sign.
The grantor’s signature has to be notarized. The notary verifies the signer’s identity with a government-issued photo ID, confirms the signature is voluntary, and attaches an official seal and acknowledgment statement. Most states accept notarization alone. Five states (Connecticut, Florida, Georgia, Louisiana, and South Carolina) also require disinterested witnesses at the signing, and four of those five require two witnesses.
Notary fees are set by state law and range from roughly $2 to $25 per notarial act, with most states capping the fee between $5 and $10. Remote online notarization, available in a growing number of states, often carries a higher maximum fee. Once the notary applies the seal, the deed is legally executed and ready for recording.
Recording the Deed With Your County
Filing the signed, notarized deed with your county recorder (sometimes called the register of deeds or land records office) is the final step. Until it is recorded, the transfer is not part of the public record, and a future buyer or lender searching the title will not see it. Recording creates constructive notice: a legal presumption that everyone is aware of the ownership change, whether or not they actually looked it up.
How to Submit
You can file in person at the county recorder’s office or mail the original deed by certified mail. Many counties also accept electronic recording through third-party submission platforms, which now cover thousands of jurisdictions. E-recording is often handled by title companies or attorneys, though some platforms allow individuals to submit directly.
The recorder checks the deed for basic compliance: correct margins, legible text, proper notarization, and any required supplemental forms. If anything is out of order, the office rejects the filing and returns the deed for correction.
Fees
Recording fees vary but generally run between $10 and $50 for the first page, with additional pages costing a few dollars each. Some jurisdictions also collect a documentary transfer tax or recording tax based on the property’s value or the consideration stated in the deed. Family transfers and nominal-consideration deeds often qualify for exemptions, but you usually have to claim the exemption on the deed itself or on a separate form.
After processing, the recorder assigns a unique recording number (sometimes called an instrument number or book-and-page number) that permanently identifies the deed in the public record. The original deed is then returned to the grantee, stamped with the recording date and instrument number.
Tax Consequences to Think Through Before You Sign
Transferring property by quitclaim can trigger tax issues that catch people off guard. Sort these out before you record.
Gift Tax Reporting
When you transfer property for less than its fair market value, the IRS treats the difference as a gift. For 2026, you can give up to $19,000 per recipient per year without needing to report anything, which is the annual gift tax exclusion.1Internal Revenue Service. IRS Tax Inflation Adjustments for Tax Year 2026 If the property’s value exceeds that amount, you must file IRS Form 709, the gift tax return.2Internal Revenue Service. Frequently Asked Questions on Gift Taxes
Filing Form 709 does not necessarily mean you owe gift tax. The excess amount reduces your lifetime gift and estate tax exemption, which is $15,000,000 for 2026.1Internal Revenue Service. IRS Tax Inflation Adjustments for Tax Year 2026 Most people will never owe actual gift tax, but failing to file the return can create problems with the IRS later.
Carryover Basis vs. Step-Up in Basis
One of the most expensive surprises in a quitclaim transfer is the cost basis rule. When you give property away during your lifetime, the recipient inherits your original cost basis, meaning the price you paid adjusted for improvements and depreciation.3Office of the Law Revision Counsel. 26 U.S. Code 1015 – Basis of Property Acquired by Gifts and Transfers in Trust This is called a carryover basis.4Internal Revenue Service. Property (Basis, Sale of Home, Etc.) If the same property were inherited after your death, the recipient would receive a stepped-up basis equal to the property’s fair market value at the time of death, erasing all the appreciation during your lifetime.5Office of the Law Revision Counsel. 26 U.S. Code 1014 – Basis of Property Acquired From a Decedent
A practical example: suppose you bought a home for $100,000 and it is now worth $400,000. If you quitclaim the home to your child during your lifetime, your child’s basis is $100,000. If your child later sells for $400,000, they could owe capital gains tax on $300,000 of gain. If you kept the home and your child inherited it at your death, the basis would be $400,000, and they could sell immediately with no capital gains tax at all. The difference can cost a family tens of thousands of dollars. Talk to a tax professional before using a quitclaim to transfer appreciated property.
Property Tax Reassessment
In many jurisdictions, recording a new deed prompts a review by the county assessor. If the transfer does not qualify for an exemption, such as a transfer between spouses or from parent to child, the assessor may reassess the property at current market value, which can significantly increase the annual property tax bill. Rules and exemptions vary by state, so check with your local assessor before recording.
How a Quitclaim Affects an Existing Mortgage
A quitclaim transfers ownership. It does not transfer mortgage debt. If your name is on the mortgage, you remain personally responsible for the loan payments even after you sign the property over to someone else. If the new owner stops paying, the missed payments and any eventual foreclosure will appear on your credit report, not theirs.
The Due-on-Sale Clause
Most mortgages contain a due-on-sale clause that lets the lender demand full repayment if the property is transferred. Federal law prohibits lenders from enforcing this clause for certain family-related transfers on residential property with fewer than five units. Protected transfers include one where a spouse or child becomes an owner, a transfer resulting from a divorce decree or separation agreement, and a transfer to a relative after the borrower’s death.6Office of the Law Revision Counsel. 12 U.S. Code 1701j-3 – Preemption of Due-on-Sale Prohibitions
Transfers outside these protected categories, such as deeding property to an unrelated person or to a business entity, can allow the lender to call the whole balance due immediately. Before recording a quitclaim on mortgaged property, contact your lender to find out whether the transfer is protected or whether you need to refinance the loan into the new owner’s name.
What the Grantee Should Know About Risk
The features that make a quitclaim quick also make it thin on protection. Both sides should understand the trade-offs.
- No title warranties. The grantor promises nothing about owning the property, having the right to transfer it, or the title being free of defects. If someone else turns out to have a valid claim, the grantee has no legal recourse against the grantor.
- Existing liens travel with the property. Any liens, judgments, or encumbrances already recorded stay attached. The new owner takes the property subject to all of them. A title search before recording is the only reliable way for the grantee to know what they are receiving.
- Title insurance can be difficult to obtain. Insurers are generally reluctant to issue a policy on property whose most recent transfer was by quitclaim. If the grantee later wants to sell or refinance, that gap can delay or derail the transaction.
- Simple form, easy to abuse. Because a quitclaim needs only the grantor’s signature, it has been used in fraudulent schemes. A person can sign a quitclaim purporting to transfer property they do not actually own, and the grantee has no warranty to enforce.
- The mortgage is untouched. Signing a quitclaim does not release the grantor from an existing mortgage. Refinancing into the new owner’s name is the only way to remove that liability.
For a transfer where the parties do not already have a close relationship and full knowledge of the property’s title history, a general warranty deed prepared as part of a standard real estate closing, with a title search and title insurance, gives the person receiving the property far more protection.