The grantor in a quitclaim deed is the person who signs the deed to give up whatever interest they hold in a piece of real property, passing that interest to the grantee without making any promises about the quality of the title. The grantor is not certifying that they own the property outright, that no one else has a competing claim, or that the title is free of liens. They are simply releasing whatever they have, if anything, on an as-is basis.
Only the grantor has to sign. The grantee does not sign the deed itself, though the transfer is not complete until the grantee accepts delivery, usually shown by conduct such as recording the deed or taking possession of the property.
What the Grantor Actually Transfers
A quitclaim deed conveys the grantor’s interest at the exact moment of signing, and nothing more. If the grantor owns the property free and clear, the grantee receives full ownership. If the grantor owns a half-interest, the grantee gets that half. If the grantor turns out to hold no interest at all, the grantee gets nothing and has no legal recourse against the grantor.
This is the central difference from a warranty deed. A warranty deed includes the grantor’s promise that they actually own the property, that no undisclosed liens or encumbrances exist, and that they will defend the grantee’s title against future claims. A quitclaim deed skips all of that.
One further limit matters when the grantor’s interest is unsettled. A quitclaim deed generally does not transfer interests the grantor acquires after signing. If the grantor later inherits a share of the same property or picks up a new ownership interest through some other transaction, that interest does not automatically flow through to the grantee. A warranty deed can carry after-acquired title in some circumstances; a quitclaim does not.
Who Can Sign as Grantor
To act as a grantor, a person must meet a few basic requirements. They must be at least the age of majority, which is 18 in most states, though a handful set the threshold at 19 or 21.1Cornell Law School LII / Legal Information Institute. Age of Majority They must also be mentally competent, meaning they understand the nature of the document and the consequences of transferring their interest. A deed signed by someone who lacked mental capacity at the time can be challenged and potentially voided in court.
The grantor does not need to prove perfect title. They only need some identifiable interest in the property, whether full ownership, a partial share, or even a disputed claim. But again, if they hold nothing, they transfer nothing.
Signing Through a Power of Attorney
If the grantor cannot sign in person because of illness, disability, or distance, an agent with a valid power of attorney can sign for them. For real estate transfers, the power of attorney document typically has to specifically authorize the agent to handle property transactions and include a legal description of the property involved. Most jurisdictions also require the power of attorney itself to be notarized and recorded in the same county where the property is located.
What the Grantor Has to Provide
Preparing a quitclaim deed requires specific information from the grantor. Errors can cause the county recorder to reject the deed, or create ambiguity about what was actually transferred.
- Full legal name, matching exactly how it appears on the most recently recorded deed. Even a missing middle initial can cause recording problems.
- The legal description of the property from the existing deed or county records, not just a street address. This is usually a metes-and-bounds description or a lot-and-block reference from a recorded plat.
- The parcel identification number from property tax records, which lets the recorder index the deed to the correct parcel.
- Marital status. Many jurisdictions require this because a spouse may hold legal interests in the property even if not named on the current deed.
- A statement of consideration. In family transfers this is often nominal, such as “ten dollars and other good and valuable consideration” or “love and affection.”
- The grantee’s full legal name and mailing address, so the county can index the new owner’s information.
Blank forms are available from county recorder offices and legal document providers.
Executing and Recording the Deed
Once the form is complete, the grantor signs it in front of a notary public. Notarization verifies the grantor’s identity and confirms the signature was voluntary. Notary fees for a single acknowledgment are capped in most states somewhere between $2 and $25, though a handful of states set no statutory maximum.
Some states also require one or two witnesses in addition to the notary. Florida, Georgia, Connecticut, South Carolina, and Louisiana are among them. In a witness state, a deed without the required witnesses may be unrecordable and potentially unenforceable.
After signing, the deed goes to the county recorder’s office. Recording places the transfer in the public record and puts future buyers and lenders on notice of the grantee’s ownership. Failing to record does not invalidate the transfer between grantor and grantee, but it leaves the grantee exposed if, for example, the grantor later sells the same property to someone else who records first.
Mortgage Liability After the Transfer
Signing over the property does not release the grantor from an existing mortgage. The mortgage note is a personal debt between the borrower and the lender, separate from the deed. Transferring title ends the grantor’s ownership, but the grantor remains personally liable for the loan until the lender issues a formal release, agrees to a loan assumption, or the loan is refinanced in the grantee’s name. If the grantee stops paying, the lender can pursue the original grantor for the balance, and late payments will damage the grantor’s credit.
Due-on-Sale Clauses
Most residential mortgages include a due-on-sale clause that lets the lender demand full repayment if the property is transferred. Federal law carves out several exceptions for common family transfers. Under the Garn-St. Germain Act, a lender on a residential property with fewer than five units cannot accelerate the loan for transfers to a spouse or child, transfers resulting from a divorce decree or separation agreement, transfers to a relative on the death of a borrower, or transfers into a living trust where the borrower remains a beneficiary.2Office of the Law Revision Counsel. 12 U.S. Code 1701j-3 – Preemption of Due-on-Sale Prohibitions Transfers that fall outside these protected categories can trigger the clause and make the full loan balance due.
Tax Consequences the Grantor Should Expect
A quitclaim transfer can create tax obligations many grantors do not see coming. The main concerns are federal gift tax, the cost basis the grantee inherits, and state or local transfer taxes.
Gift Tax and Form 709
When a grantor transfers property for less than its fair market value, which is the case in most family quitclaim transfers, the IRS treats the transfer as a gift.3Internal Revenue Service. Gifts and Inheritances If the value of the gift to any single person exceeds $19,000 in 2026, the grantor must file IRS Form 709 (United States Gift Tax Return) by April 15 of the following year.4Internal Revenue Service. Whats New — Estate and Gift Tax Married couples can elect to split gifts, effectively doubling the threshold to $38,000 per recipient before a filing is required.
Filing Form 709 does not necessarily mean the grantor owes gift tax. The amount above the annual exclusion simply reduces the grantor’s lifetime exemption, which is $15,000,000 for 2026.5Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026, Including Amendments From the One, Big, Beautiful Bill Most grantors will never owe actual gift tax, but the filing itself is mandatory, and missing it can bring penalties.
Cost Basis Carries Over to the Grantee
When property is gifted rather than sold, the grantee inherits the grantor’s original cost basis instead of receiving a stepped-up basis tied to current market value.6Internal Revenue Service. Property (Basis, Sale of Home, Etc.) If the grantor bought the property for $80,000 decades ago and quitclaims it when it is worth $400,000, the grantee’s basis is still $80,000. When the grantee eventually sells, they could owe capital gains tax on the $320,000 difference. Inheriting the property at the grantor’s death would generally have delivered a stepped-up basis equal to fair market value.
Transfer Taxes
Many states and some local governments impose a documentary transfer tax or stamp tax at recording. Rates vary widely, and some jurisdictions exempt transfers between spouses, between parents and children, or transfers for nominal consideration. Check with the county recorder’s office before filing to find out whether a transfer tax applies and which party is responsible for paying it.
The Transfer Is Essentially Permanent
Once the deed is signed, delivered, and accepted, the transfer is complete and generally irrevocable. The grantor cannot simply take it back. Undoing the transfer typically requires the grantee to voluntarily sign a new deed returning the property, or a court action to void the original deed on grounds such as fraud, duress, or lack of mental capacity at signing. Treat a quitclaim deed as a final decision, not a temporary arrangement.