To get a quitclaim deed, you prepare the deed using accurate property and party information, have the grantor sign it in front of a notary public (plus witnesses in a few states), and record the signed deed at the county recorder’s office in the county where the property is located. Most counties provide their own fillable form, charge a per-page recording fee, and require one or two supplemental tax forms submitted alongside the deed. The whole process can be done in a single day if you have the right information in hand.
What a Quitclaim Deed Actually Transfers
A quitclaim deed releases whatever interest the grantor holds in the property to the grantee. If the grantor has full, clear ownership, the grantee receives full, clear ownership. If the title has defects, such as unpaid tax liens, a disputed boundary, or a prior claim from another party, those problems transfer along with the property. The deed makes no promises about the state of the title, and the grantee has no legal recourse against the grantor if problems surface later.
That’s why quitclaim deeds are typically used between people who already trust each other or already know the title history: spouses handling a divorce, parents transferring a home to a child, or an owner moving property into their own living trust. For an arm’s-length sale to a stranger, a warranty deed is the standard instrument, because it includes the grantor’s promise that title is valid and clear.
Information and Forms to Gather First
Before you fill anything out, pull your current recorded deed and your most recent property tax bill. You will need:
- The grantor’s full legal name, spelled exactly as it appears on the current deed of record. Even a missing middle initial can break the chain of title.
- The grantee’s full legal name and mailing address. If the grantee is a trust or a business entity, use the full legal name of that entity.
- The legal description of the property. A street address is not enough. The deed needs the formal legal description from your current deed, which may use metes and bounds, lot and block numbers from a recorded subdivision plat, or references to a specific plat map.
- The assessor’s parcel number (APN) or tax ID, which identifies the property for county tax purposes. It appears on your property tax bill or on the county assessor’s website.
Most county recorder offices publish a standardized quitclaim deed form on their website or hand one out at the counter. Using the county’s own form is the easiest way to meet local formatting rules, which often include specific margins, font sizes, and blank header space for the clerk’s recording stamps. Legal document providers sell forms too; confirm any outside form meets your county’s specifications before filing.
Supplemental County Forms You May Need
Many counties require additional paperwork submitted with the deed itself. Leaving one of these out can get your packet rejected or trigger a penalty fee. Two show up most often.
The first is a change of ownership report. Several states require a form that notifies the local tax assessor of the transfer so the assessor can decide whether to reassess the property. California, for example, requires a Preliminary Change of Ownership Report alongside the deed, and omitting it adds a penalty to the recording cost.
The second is a transfer tax affidavit or declaration. Many jurisdictions impose a documentary transfer tax when real property changes hands. Even when your transfer qualifies for an exemption, such as a gift, a divorce-related transfer, or a distribution from an estate, you usually still have to file a declaration stating why the exemption applies.
Check the recorder’s website for your county before filing. Requirements vary a lot by state and county, and a missing supplemental form can delay recording by days or weeks.
Signing and Notarization
The grantor, the person giving up their interest, has to sign the deed. In most states, that’s the only signature required; the grantee does not sign. The signing has to happen in front of a notary public, who verifies the grantor’s identity with a government-issued photo ID, watches the signing, and then applies an official seal and completes a certificate of acknowledgment attached to the deed. Notary fees for an acknowledgment typically run from $2 to $25, depending on the state.
A handful of states also require witnesses. Connecticut, Florida, Georgia, Louisiana, and South Carolina all have witness requirements for recorded deeds, though the specifics differ. Some let the notary serve as a witness; others do not. If your state requires witnesses, those individuals have to watch the grantor sign and then add their own signatures and printed names to the document. A deed missing a required witness signature will be rejected.
Recording the Deed
Once the deed is signed and notarized, you file it at the county recorder’s office (sometimes called the register of deeds) in the county where the property sits. Most counties accept submissions in person, by mail, or through an electronic recording (e-recording) system if one is available. Filing in person has one real advantage: the clerk can flag formatting errors or missing documents on the spot, instead of mailing them back a week later.
Recording fees vary by county. They usually include a base fee for the first page, a smaller per-page charge for additional pages, and sometimes a technology or archive maintenance fee. Pull the recorder’s fee schedule before you go and pay the exact amount by check or money order. A short payment, even by a few cents, will get the document returned unrecorded.
When the clerk accepts the deed, they stamp it with the date and time of recording, assign a unique instrument number or book-and-page reference, and scan it into the public record. The recording serves as public notice that the grantee now holds an interest in the property. The original document is mailed back to whoever is listed in the “return to” field, sometimes the same day if filed in person, or within a few weeks if filed by mail.
If There’s a Mortgage on the Property
Call your lender before filing. A quitclaim deed transfers ownership but does not move the mortgage. The grantor stays personally liable for the loan, and if payments stop, the default and any foreclosure hit the original borrower’s credit, regardless of who now owns the property.
Most mortgages also contain a due-on-sale clause, which lets the lender demand immediate repayment of the full balance when ownership changes. Federal law blocks lenders from enforcing that clause in several common quitclaim scenarios involving residential properties with fewer than five units:
- Transfers to a spouse or children of the borrower
- Transfers resulting from a divorce decree, legal separation, or property settlement
- Transfers into a living trust where the borrower remains a beneficiary and continues to occupy the property
- Transfers to a relative after the borrower’s death
- Transfers upon the death of a joint tenant or co-owner
These exemptions come from the Garn-St Germain Depository Institutions Act.1Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions If your transfer doesn’t fit one of them, say you’re transferring property to an unrelated business partner, the lender can legally accelerate the loan. Confirm with your lender before you record the deed.
Tax Reporting After the Transfer
If you quitclaim property to someone without receiving fair market value in return, the IRS treats the transfer as a gift. When the value of the gift exceeds the annual gift tax exclusion, $19,000 per recipient for 2026, you must file IRS Form 709, the gift tax return, for the year of the transfer.2IRS. IRS Releases Tax Inflation Adjustments for Tax Year 2026 Real property is subject to the gift tax just like any other gift.3IRS. Instructions for Form 709 (2025) Married couples can split the gift, doubling the exclusion to $38,000 per recipient.
Filing Form 709 doesn’t necessarily mean you owe tax. Tax only kicks in once your gifts exceed your lifetime exemption, which is $15,000,000 for 2026.2IRS. IRS Releases Tax Inflation Adjustments for Tax Year 2026 The return is still required to report the gift. Skipping it can prevent the statute of limitations from starting, leaving the transfer open to IRS review indefinitely.
One more thing to flag for the grantee: when you receive property as a gift through a quitclaim deed, your cost basis is generally the donor’s original basis, not the property’s current market value.4Office of the Law Revision Counsel. 26 USC 1015 – Basis of Property Acquired by Gifts and Transfers in Trust If the donor bought the home for $80,000 and you later sell it for $350,000, your taxable gain is figured from the $80,000 basis.5IRS. Publication 551 (12/2025), Basis of Assets That can be a much bigger capital gains bill than people expect on a longtime family home.
Before You Sign: Three Things That Trip People Up
The Transfer Is Permanent
Once a quitclaim deed is signed, notarized, and recorded, it’s generally final. You cannot unilaterally take the property back. The straightforward way to reverse the transfer is to have the current owner voluntarily sign a new deed back to you. If they refuse, your only option is a lawsuit, and courts void recorded deeds only on narrow grounds such as fraud, forgery, or the grantor lacking mental capacity at the time of signing.
The Grantor Must Have Mental Capacity
A valid deed requires the grantor to understand what they are signing and the consequences of the transfer at the time of signing. A person is presumed competent unless a court has ruled otherwise, but a deed signed by someone who lacked capacity, due to dementia, medication effects, or other impairment, can be challenged and potentially voided. If there’s any question about capacity, talk to an attorney before anyone signs.
Liens and Unpaid Taxes Follow the Property
The deed transfers ownership, not a clean slate. Any existing liens, unpaid property taxes, homeowners association debts, or judgments attached to the property stay in place after the transfer, and the grantee takes the property subject to all of them. Before accepting a quitclaim deed from anyone outside your immediate family, consider paying for a title search so you know exactly what’s coming with the property.