Download a free quit claim deed template in PDF and Word format below. Whether transferring real estate between family members, fixing title issues, or removing a name after divorce, this customizable deed lets you transfer property ownership quickly without title warranties. State-specific guidance included. Updated for 2026.
What is a Quit Claim Deed?
A quit claim deed (sometimes spelled «quitclaim») is a legal document that transfers whatever ownership interest a person («grantor») has in real estate to another person («grantee»). Unlike a warranty deed, a quit claim deed makes no guarantees about the title — the grantor simply transfers whatever interest they may or may not have.
Every year, thousands of real estate interest transfers go sideways because the parties never bothered to put the deal in writing, or used a template they found on a random forum that didn’t match their state’s law. The quitclaim deed template on this page is designed to keep you out of that group.
Quit Claim Deed vs. Warranty Deed
- Quit claim deed: Transfers whatever interest grantor has, with no guarantees. Used between trusted parties.
- Warranty deed: Transfers ownership with guarantees about clear title. Used in arm’s-length sales to strangers.
- Special warranty deed: Guarantees title only during grantor’s ownership, not before.
- When to use which: Quit claim for family/divorce/internal transfers. Warranty for actual home sales.
When to Use a Quit Claim Deed
- Divorce settlements — transferring property from one spouse to another
- Family transfers — adding or removing family members from title
- Estate planning — moving property into a trust or LLC
- Fixing title defects — clearing clouds on title
- Removing ex-spouses after divorce
- Adding spouse to title after marriage
- Gifts of real estate to family members
- Transfers between business entities you own
- Inherited property transfers
When NOT to Use a Quit Claim Deed
- Selling to strangers — buyer needs warranty deed for protection
- Real estate transactions with mortgages — lenders require warranty deeds
- Commercial real estate sales — title warranties expected
- When title may have problems — buyer has no recourse for issues
- Transactions requiring title insurance — insurers often won’t insure quit claim transfers
Key Components of a Quit Claim Deed
- Date of deed
- Grantor information — full legal name and address of person transferring property
- Grantee information — full legal name and address of person receiving property
- Marital status of grantor — required in many states
- Consideration — what’s exchanged (often nominal: «$10 and other valuable consideration»)
- Legal property description — exact legal description from prior deed or title
- Street address — current address of property
- Parcel/tax ID number — county assessor’s identifier
- Quit claim language — explicitly stating no warranties
- Grantor signature(s)
- Notarization — required in all states
- Witnesses — required in some states (typically 2)
- Preparer information — who drafted the deed
- Return-to address — where to send recorded deed
How to Fill Out a Quit Claim Deed Step-by-Step
- Find the legal description — get it from prior deed, county records, or title company. Must be exact.
- Enter the date — when deed is signed.
- Identify grantor(s) — full legal name, marital status, address.
- Identify grantee(s) — how they want title held (sole, joint, tenants in common).
- State consideration — even gift transfers list nominal amount.
- Include property description — exact legal description, not just street address.
- Add street address and parcel number.
- Include quit claim language — explicitly states no warranties.
- Add preparer information.
- Sign in front of notary — required in all states.
- Add witnesses if state requires — Florida, Georgia, others.
- Record at county recorder’s office — pays recording fee, makes transfer public record.
- File with county assessor — for tax purposes.
- Notify mortgage lender — if there’s a mortgage, may need approval.
- Update insurance — homeowner’s insurance and title insurance.
Tax Implications
- Gift tax: Transfers without consideration may be considered gifts. 2026 annual exclusion is $19,000/person.
- Capital gains: Recipient inherits grantor’s cost basis. May owe capital gains tax when later selling.
- Real estate transfer tax: Most states impose taxes on property transfers. Some exempt family transfers.
- Property tax reassessment: Transfer may trigger reassessment in some states (California Prop 19 has specific rules).
- Mortgage acceleration: «Due-on-sale» clauses may require mortgage payoff upon transfer.
Common Mistakes to Avoid
- Wrong legal description — invalidates the deed
- Not recording the deed — transfer isn’t legally complete or public
- Forgetting notarization — required in all states
- Skipping mortgage lender notification — may trigger due-on-sale clause
- Not understanding tax implications — surprise gift tax or capital gains
- Using for non-family transfers — buyer has no title protection
- Missing witnesses — required in some states
- Not getting title search — transferring property with unknown liens
Download Your Free Quit Claim Deed Template
Frequently Asked Questions
Is a quit claim deed legally binding?
Yes, when properly executed (signed, notarized, recorded). It transfers whatever interest the grantor has, no more, no less. The transfer itself is legally binding.
Does a quit claim deed remove someone from the mortgage?
No. Removing someone from the deed doesn’t remove them from the mortgage. The mortgage is a separate contract with the lender. Refinancing or assumption is required to change mortgage liability.
Can I use a quit claim deed for a property sale?
Technically yes, but not recommended for arm’s-length sales. Buyers prefer warranty deeds for title protection. Quit claim deeds are typically refused by mortgage lenders.
How do I record a quit claim deed?
Take the signed and notarized deed to the county recorder’s office (or register of deeds) in the county where the property is located. Pay the recording fee (typically $20-100). They’ll record it and return the original.
How much does a quit claim deed cost?
Recording fees: $20-100. Notary fees: $5-15. State transfer taxes vary widely. Title search (recommended): $75-200. Total typically under $500.
Can a quit claim deed be reversed?
Only by mutual agreement — the grantee must execute a new deed transferring property back. Otherwise, the original quit claim deed stands.
Do I need a lawyer for a quit claim deed?
Not legally required in most states, but recommended for: high-value properties, complex situations, properties with mortgages, or when tax implications are unclear.
Does a quit claim deed affect property taxes?
It can. Some states reassess property at transfer (California Prop 19). Some states have exemptions for family transfers. The grantee becomes responsible for future property taxes.
Can I quit claim a property with a mortgage?
Yes, but the mortgage remains in the grantor’s name. The «due-on-sale» clause may allow the lender to demand full payoff. Family transfers are often exempt under Garn-St. Germain Act.
What if I quit claim a property I don’t actually own?
The deed transfers whatever interest you have — even if that’s nothing. You can quit claim any property, but if you don’t own it, nothing transfers. This is why quit claim is only appropriate when title is known to be clear.
Related Templates
- Free Warranty Deed Template
- Free Grant Deed Template
- Free Last Will and Testament Template
- Free Power of Attorney Template
- Free Property Transfer Affidavit
Disclaimer: This template is for informational purposes only and does not constitute legal advice. Real estate transfers have significant legal and tax implications. For property worth more than $50,000, complex titles, or transfers involving mortgages, consult a real estate attorney.