In plain English
It is often used between family members or to fix a name on a deed. It offers the buyer less protection than other deed types.
Need it recorded? Have the deed recorded with the county, or book a notary visit in New Jersey.
Talk to an attorney or title company about whether it fits.
Why it matters
Families often reach for a quitclaim deed because it looks simple. The transfer may have tax, mortgage or title effects that only an attorney or title professional can explain, and those effects are hard to undo once the deed is recorded.
From the notary's side, a quitclaim is signed and acknowledged like other deeds. The notary cannot say whether it is the right choice.
Worked example
A parent transfers a home to a child with a quitclaim deed, acknowledged before a notary.
What to do
- Talk to an attorney or title company before preparing the deed.
- Confirm every grantor's name matches their ID.
- Have each grantor appear before the notary for the acknowledgment.
- Ask the preparer about any transfer forms needed for recording.
- Record the deed with the county and keep the recorded copy.
Common mistakes
- Assuming a quitclaim removes someone from the mortgage confuses ownership with the loan, which is a separate matter.
- Leaving out a required transfer form can cause the county to reject the recording.
- Asking the notary whether a quitclaim is wise puts the notary in a legal advice position they must decline.
Not the same as: Deed
A quitclaim deed is a type of deed with no title promises, while deed refers to any document that transfers real property. See Deed.
Go deeper
- Quitclaim Deed Signing With a Notary: A Walkthrough: A quitclaim deed passes whatever interest the signer has in a property. See the signing steps, ID checks and common errors before recording.
- Signing a Quitclaim Deed Between Family Members: Steps for signing a family quitclaim deed: gathering the legal description, notarization, recording, and the questions to ask an attorney before transferring a home.
Related terms
- Recording: Filing a signed document, such as a deed, with the county so it becomes part of the public record.
- Remote online notarization (RON): A notarization done over live audio and video with electronic documents, where state law allows it.
- Process server: A person who delivers legal papers to the other party in a case and records how and when.
Common questions
What is a quitclaim deed?
A deed that transfers whatever interest the grantor has, without promises about the title.
Can you give an example of quitclaim deed?
A parent transfers a home to a child with a quitclaim deed, acknowledged before a notary.
Can I quitclaim my share of a house to my sibling?
This is a legal question with possible tax and title effects. An attorney or title company should advise before the deed is signed.
Do both the giver and receiver sign a quitclaim deed?
Usually only the grantor signs. The preparer can tell you who must sign the specific deed.
General information, not legal advice. Rules vary by state and change; check with your state's commissioning office.