After a quitclaim deed is filed, the new owner's name goes on the public record and the old owner gives up whatever ownership rights they had, with no guarantee that those rights were real. The transfer itself takes effect when the signed deed is delivered and accepted; recording gives public notice of it.
A forged deed, or one obtained by fraud, undue influence or from someone who lacked capacity, can still be set aside in court. Below are the recording steps, three real situations, the gift tax and basis rules with the official 2026 and 2027 figures, the Garn-St Germain mortgage exemptions, alternatives such as transfer-on-death deeds, and what to do about deed fraud.
The Core Problem: A Quitclaim Deed is Not the Same as Proof of Ownership
A quitclaim deed transfers only the rights you actually have. If you never owned the property, the deed transfers nothing, but it still gets recorded. Think of it like signing a receipt for someone else's car; the receipt does not make you the owner.
State recording acts, known as race, notice or race-notice statutes, control how deeds become public records, and county recorders apply them. There is no federal deed-recording law.
A recorded quitclaim deed cannot be erased. The grantee can voluntarily sign a new deed back. Otherwise a court must rescind the deed for fraud, forgery, undue influence, duress or lack of capacity.
A warranty deed is different: the seller guarantees ownership and promises to defend the buyer's title in court.
What Happens at the County Recorder's Office: The Filing Process Explained
The clerk checks the legal description, the grantor and grantee names, the grantor's signature, a notary acknowledgment and county formatting rules such as margins and a cover sheet. The clerk does not check whether you own the property.
Fees vary by state and county, usually with per-page charges and state surcharges. Many states also require a transfer tax return or change-of-ownership form.
Recording gives constructive notice of the transfer and priority over later buyers and lenders.
The lender's lien survives the transfer. Foreclosure happens only if payments stop or the lender enforces a due-on-sale clause that applies. Federal law blocks that clause for many family transfers, as the Garn-St Germain section below explains.
Three Real Situations: Where Quitclaim Deeds Go Right and Wrong
Each scenario shows what changes on title, on taxes and on the loan.
Scenario One: A Parent Gives Property to a Child for Estate Planning
Maria owns her house outright with no mortgage. To avoid probate, she signs a quitclaim deed giving it to her adult daughter, and the deed is recorded.
What the gift changes (tax year 2026 rules):
| What Happens | Why It Matters |
|---|---|
| Daughter owns the property immediately | Property skips probate after Maria dies |
| Daughter's name is on the public record | Banks and courts recognize her as the owner |
| Maria loses all ownership rights | Maria cannot change her mind or take it back |
| Daughter becomes responsible for property tax | Some states reassess the value or end Maria's homestead exemption |
| Daughter can sell the house anytime | No court approval is needed for the sale |
| Daughter takes Maria's original basis | Bigger capital gain when the daughter sells |
| Gift above the annual gift exclusion | Maria must file Form 709 |
| Starts Medicaid's 60-month look-back | A penalty period can apply if Maria needs nursing home care |
Under Internal Revenue Code section 1015, the daughter takes Maria's basis. Maria paid $150,000. The house is worth $500,000 at the gift and $600,000 when Maria dies. If the daughter later sells for $700,000, her capital gains come to a $550,000 taxable gain. Had she inherited the house, section 1014 would step her basis up to $600,000, leaving a gain of only $100,000. The Gift Now vs Sell vs Inherit example below works through the comparison.
The gift is far above the annual gift exclusion, so Maria must file Form 709 by April 15 of the next year. Tax is due only once her lifetime gifts pass the basic exclusion shown in the gift and estate table below. If Maria keeps living there rent-free, section 2036 may pull the house back into her taxable estate, so she needs advice before she signs. The gift also starts Medicaid's 60-month look-back. To claim the section 121 exclusion, the daughter needs two out of five years of her own ownership and use.
Liability follows the owner and whoever lives there. If someone trips on the front steps while Maria still lives there, both Maria and her daughter can be sued. The daughter's homeowners policy is now the one that matters.
Scenario Two: A Divorcing Couple Uses a Quitclaim Deed to Split Property
James and Sarah are divorcing, and the decree gives Sarah the house. James signs a quitclaim deed before Sarah refinances, and it is recorded.
| What Happens | Why It Matters |
|---|---|
| James transfers his ownership rights to Sarah | Sarah becomes the only owner on the public record |
| Sarah may refinance or assume the loan | Only then is James released from the mortgage |
| James's name comes off the title | James has no legal claim to the property |
| Divorce judgment binds both people to the deal | The court order makes the transfer enforceable |
| Sarah pays all future property taxes | James has no tax obligation after the deed is filed |
| No capital gains tax on the transfer | Internal Revenue Code section 1041 treats it as tax-free |
| Lender cannot call the loan due for the divorce transfer | Garn-St Germain protects transfers under a divorce decree |
The deed changes who owns the house, not who owes the loan. The joint mortgage stays in both names until one of two things happens. Sarah can refinance, which pays off the old loan. Or the lender can approve an assumption and give James a written release. Until then, any missed payment hurts James's credit on a house he no longer owns.
The safer order is for Sarah to get approved for the new loan first, and for James to sign the quitclaim at the closing. If the decree requires the deed sooner, James can protect himself in three ways: a refinance deadline in the decree, a deed held in escrow until the refinance closes, or a hold-harmless clause. Timing matters, and signing the quitclaim deed at the wrong moment is the most common divorce mistake with this document.
Under section 1041, a transfer between spouses produces no gain or loss. The same applies to a transfer between former spouses when it is part of the divorce. A transfer counts as part of the divorce if it happens within one year after the marriage ends. It also counts if it is related to ending the marriage, generally within six years. Sarah takes James's basis.
Scenario Three: A Real Estate Investor Adds a Business Partner Using a Quitclaim Deed
David owns a rental property. He signs a quitclaim deed giving his cousin Marcus a 50 percent interest, and the deed is recorded.
| What Happens | Why It Matters |
|---|---|
| Marcus now owns 50 percent of the property | Marcus can make decisions about the property |
| Both names appear on the public record | Lenders and tenants know both own the property |
| Lender can call the loan due | Marcus is not on the note unless he signs it |
| Rental income is split between them | Each reports his share on Schedule E, or a Form 1065 if they run a partnership |
| Gift of half the equity | David files Form 709 if it is over the annual exclusion |
| Marcus can force a sale of the property | Marcus can take David to court to divide the proceeds |
David never wrote a partnership agreement, and now the cousins argue over who pays the mortgage and who keeps the rent. Marcus is not personally liable on David's loan unless he signs or assumes the note. His half still sits under the lender's lien, though. A transfer of a rental to a cousin is not exempt under Garn-St Germain, so the lender may call the full balance due.
If Marcus paid nothing, David has made a gift of half the equity. If that gift is above the annual gift exclusion, David must file Form 709. Marcus takes a carryover basis in his half. Each co-owner reports his share of rent and expenses on Schedule E. If they run the rental as a business partnership, they may need to file a partnership return on Form 1065.
If a tenant is hurt and sues, the lawsuit names both owners. The partnership agreement should come before the deed, not after. An LLC with its own insurance policy is often a cleaner setup. But moving a mortgaged rental into an LLC can also trigger the due-on-sale clause, so talk to the lender first.
What Actually Changes After the Deed is Filed
The old owner's name comes off the title. To get the property back, the grantee must voluntarily deed it back, which may be another gift.
The new owner can sell, rent or refinance without the old owner's consent.
Every recorded deed extends the chain of title, the history of who owned the property and when. A later buyer's title company searches that chain, and your quitclaim stays in it permanently. The insurer may ask for more documentation when a quitclaim appears.
Legal title is record ownership. Equitable title is a beneficial interest, such as a buyer's under a contract or a beneficiary's under a trust.
The lender's lien does not move. Only a payoff or refinance removes it.
The new owner should update homeowners insurance, the property tax mailing address and homestead filings.
What If a Quitclaim Deed Was Filed Without Your Consent? (Deed Fraud)
Title thieves favor quitclaim deeds because the recorder does not verify signatures. A forger signs your name, records the deed, then borrows against the house or sells it.
Search the county recorder's index by your name and parcel number, and sign up for the county's property fraud alert where offered. If you find a deed you never signed:
- Report it to the police and the county recorder.
- Record an affidavit or notice of fraud if your state allows it.
- Hire a real estate attorney to file a quiet-title action.
- Notify your title insurer, because forgery is a covered risk.
Tax Consequences That Surprise People
A quitclaim for no payment is a gift, not a sale, so the grantor owes no income or capital gains tax. If the recipient pays money or takes over debt, it is a sale or part sale and part gift, and gain is measured against the grantor's basis. The tax consequences of a quitclaim depend on what changed hands.
The recipient takes the grantor's basis under section 1015, as Internal Revenue Service (IRS) Publication 551 explains. The holding period carries over too under section 1223(2), so long-term treatment passes to the recipient. Property received at death instead gets a section 1014 step-up to its date-of-death value. Spousal and divorce transfers fall under section 1041.
For tax year 2026, section 121 shelters up to $250,000 of gain ($500,000 for joint filers). The seller must have owned and lived in the home for two of the last five years.
The annual gift exclusion is $19,000 per recipient for 2026 and $20,000 for 2027. Larger gifts need a gift tax return on Form 709 by April 15 of the next year. Tax is due only after the lifetime basic exclusion is used up: $15,000,000 for 2026 or $15,480,000 for 2027.
States add transfer taxes. In 2026, the New York real estate transfer tax is $2 per $500 of consideration, which is 0.4 percent, or 0.65 percent on certain high-value New York City transfers. A mansion tax of 1 percent to 3.9 percent applies to residences sold for $1 million or more. A true gift with no consideration is not taxed, but a mortgage the recipient takes over can count as consideration.
Federal Gift and Estate Numbers for a Quitclaim Transfer: 2026 vs 2027
| Item | Tax year 2026 | Tax year 2027 |
|---|---|---|
| Annual gift exclusion per recipient | $19,000 | $20,000 |
| Annual exclusion for gifts to a non-citizen spouse | $194,000 | $201,000 |
| Basic exclusion amount (lifetime gift and estate) | $15,000,000 | $15,480,000 |
| Form 709 due date | April 15, 2027 | April 15, 2028 |
The 2027 figures come from Rev. Proc. 2026-35, the IRS release of tax year 2027 inflation adjustments. As history, the 2025 annual exclusion was also $19,000.
Example: Gift Now vs Sell vs Inherit
One house was bought for $150,000. It is worth $500,000 today and will be worth $600,000 at the owner's death. The relative who ends up with it sells it for $700,000.
Same house, tax year 2026 rules:
| Route | Recipient's basis | Taxable gain on the $700,000 sale |
|---|---|---|
| Quitclaim gift today | $150,000 (carryover) | $550,000 to the recipient |
| Inherit at death | $600,000 (stepped up) | $100,000 to the recipient |
| Sell to the relative today at $500,000 | $500,000 (purchase price) | $200,000 to the relative; the seller has a $350,000 gain, less any section 121 exclusion |
The gift route saves probate costs and nothing else. It leaves the next generation with a gain $450,000 larger than inheriting would, and it still requires a Form 709.
Liability Issues: Your Exposure Does Not Disappear
A deed does not erase your past negligence. A tenant hurt on a staircase you failed to fix can still sue you after the transfer. Limitation periods vary by state, often two to six years for personal injury, so check yours.
Seller-disclosure statutes mainly apply to sales. A grantee can still bring a fraud claim over a defect you concealed.
Superfund cleanup liability (CERCLA, 42 U.S.C. section 9607(a)) reaches current owners and operators, and those who owned or operated the site when hazardous substances were disposed of. It does not reach every prior owner.
Your homeowners policy generally stops being useful after the transfer. Arrange the new owner's policy before recording. If you still live there, you need tenant or occupant coverage.
Mortgage Problems That Lock You In
The lien stays on the house and your name stays on the note. People who co-signed for a relative, or who sit on a deed but not the loan, often assume a quitclaim settles both. It does not; only the lender can release a borrower.
Missed payments by the new owner stay on your credit report for seven years under the Fair Credit Reporting Act. Whether a lender can pursue you for a foreclosure shortfall depends on state anti-deficiency laws.
Some mortgage guidelines let a lender leave out a mortgage that another party has paid on time for 12 months, so keep proof of who paid.
A due-on-sale clause lets the lender demand the full balance when ownership changes, unless the transfer is exempt. Notify the lender before you record.
Transfers Your Lender Cannot Call Due (Garn-St Germain)
Under 12 U.S.C. section 1701j-3(d), a lender cannot enforce a due-on-sale clause on residential property with fewer than five units for these transfers:
- A transfer to a spouse or the borrower's children.
- A transfer under a divorce decree or legal separation agreement.
- A transfer into the borrower's revocable living trust, if the borrower stays a beneficiary and occupancy does not change.
- A transfer on the death of a joint tenant.
The exemption covers the transfer, not the payments. Transfers to friends, cousins, business partners and many LLCs are not exempt. Get the lender's acknowledgment in writing.
Title Insurance Does Not Protect You After You Sign
An owner's policy protects the owner named in it. It generally does not follow a gift to a child, so the child should consider a new owner's policy. Standard ALTA policies do continue coverage for some transfers without payment, such as to your own estate-planning trust or a wholly owned entity. Ask the insurer first, because title insurance after a quitclaim depends on the policy wording.
Forgery and fraud in the chain before the policy date are covered risks. Fraud the insured commits or knows about is excluded.
Policies also list exceptions, such as an unrecorded deed the search found. Have an attorney review the title report before signing.
Government Benefits and Medicaid Traps
Medicaid reviews transfers made in the 60 months before you apply for long-term care. A quitclaim for less than fair market value triggers a penalty period: the value given away divided by your state's average monthly private-pay nursing home cost. As an illustration only, $300,000 divided by $8,000 is about 37 months.
Under 42 U.S.C. section 1396p(c)(2)(A), a home transfer is exempt when made to a spouse, a child under 21 or a blind or disabled child, a sibling with an equity interest who lived there one year, or a caregiver child who lived there two years and kept the parent out of a facility.
Supplemental Security Income looks back 36 months, and HUD programs two years, at assets given away below fair market value. Consult an elder-law attorney before signing.
Creditors and Judgment Collection
Most states use the Uniform Voidable Transactions Act; some still use the older Uniform Fraudulent Transfer Act. A creditor can ask a court to undo a transfer made to dodge them, typically within about four years. Courts look for badges of fraud, such as a secret transfer to family for little payment while you stay in the home.
A bankruptcy trustee can avoid transfers made within two years under 11 U.S.C. section 548, or longer under state law through section 544.
A federal tax lien arises under section 6321 after assessment, notice and demand, with no court judgment. A quitclaim does not protect you from liens already attached; the new owner takes the property subject to them.
What Happens to Jointly-Owned Property
A co-owner's quitclaim moves only that owner's share. If Sarah and Michael own a house and Sarah deeds her share to their daughter Jessica, Michael and Jessica are now the co-owners.
In a tenancy by the entirety, available to married couples in some states, both spouses must sign.
In a joint tenancy with right of survivorship, a deed to a third party severs the joint tenancy as to that share only. Michael and Jessica become tenants in common. When Michael dies, his half goes through probate under his will, perhaps to children from an earlier marriage, not to Jessica.
In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), both spouses usually must sign. A quitclaim between spouses may affect the double step-up at death, so get advice.
Common Mistakes That Cost People Thousands
Mistake 1: Signing a Quitclaim Deed Without a Valid Reason
A favor can give away an asset worth hundreds of thousands of dollars.
Mistake 2: Failing to Pay Off the Mortgage Before Signing
Have the new owner refinance and remove you from the loan first.
Mistake 3: Not Consulting a Tax Professional
The usual surprises are a missed Form 709, the lost step-up and state transfer tax or reassessment. Capital gains tax arises only when money or debt relief is involved.
Mistake 4: Failing to Check Title Insurance Implications
The new owner needs a policy in their own name.
Mistake 5: Not Understanding the New Owner's Intentions
The new owner can sell or borrow against the property at once.
Mistake 6: Signing Under Pressure or Without Understanding the Document
Never sign in a rush. Ask an attorney first.
Mistake 7: Transferring Property to Avoid Creditors
A court can reverse the deed.
Mistake 8: Not Notifying the Mortgage Lender
Check first whether the transfer is Garn-St Germain-exempt.
Mistake 9: Forgetting to File the Deed Properly
An unrecorded deed loses priority to later recorded buyers or lenders. Record promptly.
Mistake 10: Not Understanding State-Specific Rules
Use an attorney licensed where the property sits.
Mistake 11: Assuming the New Owner Will Handle Everything
Put each promise and its date in writing.
Mistake 12: Not Keeping Documentation of the Transfer
Keep the signed deed and the recording confirmation.
Do's and Don'ts for Signing a Quitclaim Deed
The three tables below collect the steps that prevent most of the problems above.
| Do This | Do Not Do This |
|---|---|
| Consult an attorney before signing | Sign without understanding the consequences |
| Sign in front of a notary | Skip the notary; nearly every county requires one |
| Keep a copy of the signed deed | Lose the original or forget to keep a copy |
| Confirm the new owner can refinance or get a release | Assume the new owner will handle the mortgage |
| Record the deed with the county | Assume someone else filed it; confirm the recording yourself |
| Do Not Do This | Why |
|---|---|
| Sign under pressure or without time | You lose most remedies once the deed is recorded |
| Transfer property to hide assets | Creditors can challenge the transfer in court |
| Sign if you do not understand the document | Confusion is not a ground to undo the transfer |
| Fail to report the transfer to benefit agencies | You can lose benefits or face repayment |
| Transfer property without getting paid and without planning | It is a gift, which may require Form 709 and costs the step-up |
Tax year 2026 filing checklist:
| Do This | Reason This Matters |
|---|---|
| Keep records of the transfer for taxes | You need them if the IRS or a buyer asks questions |
| Verify the legal description | An error can make the transfer unclear or void and require a corrective deed |
| Understand the tax, benefit and creditor effects | Each has long-term consequences |
| Spell the new owner's full legal name correctly | Errors cause indexing and title problems |
| File Form 709 when the gift exceeds the annual gift exclusion | Keeps the IRS statute of limitations running |
| File any state transfer-tax or change-of-ownership form with the deed | The recorder rejects deeds that arrive without it |
| Review the county's filing requirements ahead of time | Each county has its own rules and fees |
Pros and Cons of Using a Quitclaim Deed
| Pros | Cons |
|---|---|
| Simple and inexpensive to create | No warranty that you actually own the property |
| Quick to record at the county | Cannot be easily undone once recorded |
| No title search required by law (but one is wise) | Lender can enforce the due-on-sale clause unless the transfer is exempt |
| Useful for transfers between family members | Recipient inherits your basis (no step-up) |
| Removes a name from title in divorce | Creates liability issues for the previous owner |
| Avoids probate, but costs the step-up and starts Medicaid's look-back | Does not remove you from the mortgage |
| No appraisal required | May affect government benefit eligibility |
| Adds a spouse or family member to title | Title insurance does not protect the previous owner |
| Cons | Why This Matters |
|---|---|
| No warranty means no legal protection | The grantee gets nothing if you do not own the property |
| Cannot be undone after recording | Mistakes are permanent and expensive to fix |
| Lender can demand immediate payment | Unless exempt under Garn-St Germain, the lender can call the loan |
| Loses the stepped-up basis | The recipient pays more tax when they sell |
| Gift over the annual exclusion | A Form 709 filing is required |
| Creates liability for the previous owner | Old owners can still be sued for past problems |
| Does not remove you from the mortgage | You stay liable for debt on property you do not own |
| May disqualify you from government benefits | Medicaid imposes penalty periods on transfers |
| Title insurance does not protect you | You cannot claim against the policy after the transfer |
Important Federal Laws That Control Quitclaim Deeds
- Federal gift tax: gifts above the annual exclusion go on Form 709, with tax due only past the lifetime basic exclusion shown in the table above.
- Internal Revenue Code sections 1015, 1014, 1041 and 121: the basis and exclusion rules.
- Garn-St Germain Act: the due-on-sale exemptions.
- Medicaid transfer rules, 42 U.S.C. section 1396p.
- Bankruptcy Code sections 544 and 548.
- FIRPTA, section 1445: a buyer of U.S. real property from a foreign person generally withholds 15 percent of the amount realized under the FIRPTA withholding rules; a gift with no amount realized generally has none.
- CERCLA: environmental cleanup liability.
State law also matters. Most states have adopted the Uniform Voidable Transactions Act or the earlier Uniform Fraudulent Transfer Act, and real property transfer taxes are state and local charges.
Recording Nuances: How County Rules Vary
Most states have no recording deadline, but an unrecorded deed loses priority under the state's recording act.
Most counties require a notary, who verifies your identity and makes the deed harder to challenge. Fees vary, often with per-page charges and state surcharges. Many states need a companion form, such as California's Preliminary Change of Ownership Report or another state's transfer declaration or transfer-tax return. Some counties reject a deed without a cover page.
E-recording is widely available through approved submitters. After recording, search the county index by owner name to confirm the deed was entered correctly; an error may need a corrected deed. Call ahead for office hours and ask whether you can mail the deed.
Property Tax Reassessment and Homestead Exemptions After a Quitclaim
Some states reassess property to market value on a change of ownership. California's Proposition 19 limits the parent-child reassessment exclusion to a family home the child uses as a principal residence, subject to a value cap.
The grantor's homestead exemption or senior freeze may end at the transfer, and the recipient must file their own. Check with the county assessor before recording.
Scenarios Where You Should NOT Use a Quitclaim Deed
If the buyer is paying, the buyer should insist on a warranty deed and title insurance.
If the property has a mortgage, wait until the new owner has refinanced or confirmed they can.
If you receive Medicaid or other benefits, get advice first; the transfer may cost you benefits.
If you are in debt or facing lawsuits, a transfer to a family member can be challenged by creditors.
If the property is in another state, learn that state's recording and tax rules first.
If you want an estate plan, consider a revocable living trust, a transfer-on-death deed where the state allows it, or an enhanced life estate deed, which only a handful of states recognize. The next section compares them.
If you are unsure you own the property, order a title search first.
Better Alternatives: Transfer-on-Death Deeds, Living Trusts and Life Estate Deeds
These three tools avoid probate while the owner keeps the property until death, so the heir keeps the section 1014 step-up.
A transfer-on-death deed, also called a beneficiary deed, is recorded now but transfers nothing until you die, and you can revoke it. It differs from a quitclaim recorded after the owner's death because you sign it while you are alive. Many states allow it; check yours.
A revocable living trust holds title while you keep using the home. A transfer into it is exempt from due-on-sale.
An enhanced life estate deed, or Lady Bird deed, lets you keep the power to sell during life. Only a few states allow it, such as Florida, Texas and Michigan.
| Feature | Quitclaim gift now | Transfer-on-death deed | Revocable living trust | Enhanced life estate deed |
|---|---|---|---|---|
| You keep control | No | Yes | Yes | Yes |
| Avoids probate | Yes | Yes | Yes | Yes |
| Heir gets step-up | No | Yes | Yes | Yes |
| Starts Medicaid look-back | Yes | No | No | Generally no |
| Due-on-sale risk | Unless exempt | None during life | Exempt | Ask the lender |
What You Need Before You Sign
Get the current legal description from your deed or the county assessor, not the street address. It may read "Lot 5, Block 2, Riverside Subdivision" or use township and range.
You also need the grantee's full legal name spelled correctly, proof your name is on the current title, any mortgage details, the form of ownership, and a government-issued ID for the notary. Ask about the state transfer-tax or change-of-ownership form and the lender's position before signing.
What to do next
- Pull your current deed and confirm the legal description.
- Ask the lender in writing whether the transfer is exempt from due-on-sale.
- Ask the county assessor about reassessment and exemption forms.
- Calendar Form 709 for April 15 if the gift exceeds the annual exclusion.
- Record the deed, then confirm it in the county index.
FAQs
Can I cancel a quitclaim deed after it is recorded?
No. The county will not delete a recorded deed. The grantee can sign a new deed giving the property back to you, which may count as a gift requiring Form 709. Otherwise a court must cancel the deed, and only for reasons such as fraud, forgery, duress, undue influence or lack of capacity.
Does a quitclaim deed remove my name from the mortgage?
No. The deed transfers ownership only; it does not change the loan documents. You remain liable until the new owner refinances, or the lender approves an assumption with a release of liability.
Do I owe capital gains taxes on a quitclaim deed?
Usually not for a gift, because no money changes hands. You owe tax only if you are paid, or the recipient takes over your debt, for more than your basis. The recipient keeps your basis and may owe more when selling. A gift above the annual exclusion requires Form 709. Spousal and divorce transfers are tax-free under section 1041.
Can I use a quitclaim deed to transfer property during a divorce?
Yes. The transfer is tax-free under section 1041, and the lender cannot call the loan due just because of a transfer under a divorce decree. Tie the deed to a refinance or release deadline in the decree so you are not left on the loan.
What happens if I sign a quitclaim deed by mistake?
First ask the grantee to sign a corrective deed or give the property back. If they refuse, you must sue to cancel the deed for reasons such as mistake, fraud, duress or incapacity. Move quickly, because filing deadlines apply.
Can creditors challenge a quitclaim deed?
Yes, if you signed it to avoid paying them. Under state voidable-transfer laws, or through a bankruptcy trustee's powers, a court can reverse the deed and put the property back in your name so the creditor can collect.
Do I need a lawyer to sign a quitclaim deed?
No, but an attorney is highly recommended. An attorney can review the deed, explain the consequences and make sure you understand it before you sign.
What is the difference between a quitclaim deed and a warranty deed?
A warranty deed guarantees that you own the property and that you will defend the buyer's title. A quitclaim deed makes no such promise.
How long does it take for a quitclaim deed to be recorded?
It varies by county. Deeds filed electronically are often recorded the same or the next business day. Mailed deeds take longer, and the original can take several weeks to come back. Check the county's online index to confirm the recording.
Can I transfer property to someone out of state using a quitclaim deed?
Yes. Where the grantee lives does not matter. The deed must follow the form, notary and recording rules of the state and county where the property is located.
Related reading
- Does a Quitclaim Deed Prove Full Ownership? (w/Examples) + FAQs
- Does a Quitclaim Deed Affect Property Taxes? (w/Examples) + FAQs
- Can Quit Claim Deed Filed After Death? (w/Examples) + FAQs
- Does a Quitclaim Deed Need to Be Recorded? (w/Examples) + FAQs
- Los Angeles County Quitclaim Deed Requirements (w/Examples? + FAQs
- Tax Consequences of a Quitclaim Deed Explained (w/Examples) + FAQs