Quitclaim Deed

Property & Real Estate

A deed that transfers whatever interest the grantor has in a property without warranting that the title is clear.

A quitclaim deed transfers whatever ownership interest the grantor has in a piece of real estate, without warranting that the title is clear. If the grantor has nothing, the grantee gets nothing, and the grantee has no recourse against the grantor.

When Quitclaim Deeds Are Used

Quitclaim deeds are common between people who already trust each other or already understand the title. Examples include transfers between spouses, transfers into or out of a living trust, gifts to family members, and cleanup deeds that release a former owner's possible interest.

Quitclaim vs. Warranty Deed

A warranty deed promises the grantor owns the property and will defend the title against claims. A quitclaim makes no such promise. Buyers in arm's-length sales should always insist on a warranty deed and title insurance instead of a quitclaim. Arizona's deed forms are governed by A.R.S. 33-402.

Trust Funding Caution

When transferring real estate into a living trust, work with an attorney or title company. Improperly drafted quitclaim deeds can trigger due-on-sale clauses, miss county recording requirements, or break a chain of title.