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What is a quitclaim deed, and what does it do?
Key points
- What it is
- A deed that transfers only the interest the grantor has, if any, with no warranty that the grantor owns the property or that the title is clear.
- The mortgage
- A deed changes who owns the house, not who owes the loan. To have a borrower released from the mortgage, the homeowner generally has to assume the loan and meet the lender's or investor's standards.
- Signing
- California requires a quitclaim deed to be acknowledged before a notary before it is recorded. Florida requires two witnesses for the deed itself. Texas and New York record a deed that is acknowledged, or proved as their law allows.
- Recording
- Record it in the county where the property is. In all four states, an unrecorded deed can lose out to a later buyer who paid value and did not know about it.
Quick guide
What do you want the deed to do?
1. What do you want the deed to do?
Is there a mortgage on the house?
It points to the part of this page that fits, in the page's own words. Nothing you choose is saved or sent. Not legal advice.
A quitclaim deed is a deed by which the owner (the grantor) transfers only the interest the grantor has in a property at the time, if the grantor has any. It carries no promise that the grantor owns the property or that the title is clear. California's real estate regulator sums it up: a quitclaim deed effectively says, "I am conveying all the title that I have in the property described in this quitclaim - if I have, in fact, any title."
People use one to add or remove a name, to give a spouse their share in a divorce, or to clear a defect in the title. Below: what a quitclaim deed does and doesn't do, how it compares with a warranty or grant deed, common uses, the mortgage, how to sign and record one in California, Texas, Florida and New York, taxes and other risks, and when to get help. This page explains the rules; it does not provide a deed form.
What is a quitclaim deed?
- What it transfers
- Only what the grantor hasif anything, at the time it is signed. California DRE Reference Book
- Warranty of title
- Noneno promise that the grantor owns the property. California DRE Reference Book
- The mortgage
- Not changed by the deedrelease from the loan goes through the lender. CFPB
- To record it
- Acknowledged, then recordedin the county where the property is. Cal. Gov. Code § 27287 · Tex. Prop. Code § 11.001
California's Department of Real Estate defines it: a quitclaim deed is a deed by which a grantor transfers only the interest the grantor has at the time the conveyance is executed. There are no implied warranties with it: it guarantees nothing, and there is no express or implied warranty that the grantor owns the property or any interest in it. It also does not convey any title the grantor acquires later. California DRE Reference Book
The Board of Equalization adds that the grantor is not promising anything other than that they are giving up their own rights, if any. A "cloud on the title" is a minor defect that needs to be removed to perfect the title, and a quitclaim deed is used to clear one. California BOE
New York writes the quitclaim into its law as a short form: Statutory Form D, a "QUITCLAIM DEED", in which the grantor "does hereby remise, release, and quitclaim" the property. The same section has forms for a deed with full covenants and for bargain and sale deeds, and says other forms may be used. N.Y. Real Prop. Law § 258
Quitclaim deed vs warranty deed vs grant deed
The difference is the promise about the title. A quitclaim deed makes none; other deeds carry promises, called covenants or warranties, that the new owner can sue on.
| Deed | What the grantor promises about the title | Good to know |
|---|---|---|
| Quitclaim deed | Nothing. It transfers only the interest the grantor has, if any. California DRE Reference Book | Often used in divorces and to clear a cloud on the title. California BOE |
| Grant deed (California) | By using the word "grant", the grantor implies two covenants: they have not already conveyed the property to anyone else, and it is free from encumbrances they made. Cal. Civ. Code § 1113 | The usual deed in California. It does not mean the grantor warrants that they own the property. California DRE Reference Book · California BOE |
| "Grant" or "convey" (Texas) | The same two implied covenants, unless the deed expressly says otherwise; a lawsuit can be based on them. Tex. Prop. Code § 5.023 | Texas's statutory form with a covenant of general warranty binds the grantor to "warrant and forever defend" the property; a covenant of warranty is not required. Tex. Prop. Code § 5.022 |
| Warranty deed (Florida) | The statutory form says the grantor "does hereby fully warrant the title", and it is held to be a warranty deed with full common-law covenants. Fla. Stat. §§ 689.02, 689.03 | Florida also treats a grantee by quitclaim as a bona fide purchaser under its recording law. Fla. Stat. § 695.01 |
| Deed with full covenants (New York) | Covenants that the grantor has good right to convey, that the premises are free from incumbrances, and that the grantor will forever warrant the title. N.Y. Real Prop. Law § 258 | Statutory Form A. Bargain and sale deeds come with or without a covenant against the grantor. N.Y. Real Prop. Law § 258 |
Common uses: adding or removing a name, divorce, a living trust, fixing the title
- Adding someone to the title. Adding an owner transfers part of the property. Under federal tax rules it can be a gift (see taxes). In California, adding or deleting an owner can be a change in ownership for property tax, unless an exclusion applies: adding a spouse is excluded, and adding a joint tenant doesn't cause reappraisal as long as you remain one of the joint tenants.California BOE · IRS
- Giving your share to a spouse in a divorce. California's Board of Equalization says a quitclaim deed is often used in divorces. There, transfers to a spouse or former spouse under a property settlement or a divorce decree are not a change in ownership. A deed dividing community property under a divorce judgment or written agreement is also exempt from the documentary transfer tax, if it includes a signed written recital. The deed does not change the loan: see the mortgage.California BOE · Cal. Rev. & Tax. Code §§ 63, 11927
- Moving a home into a living trust. In California, a transfer to a revocable trust where the transferor keeps the power to revoke it is excluded from reassessment. Federal law bars a lender from using a due-on-sale clause because of a transfer into a living (inter vivos) trust in which the borrower is and remains a beneficiary. See living trusts.California BOE · 12 U.S.C. § 1701j-3(d)
- Fixing the title. A quitclaim deed is used to clear a "cloud on the title". For a mistake in a recorded deed, Texas has a separate tool: a correction instrument can fix a clerical error, such as the spelling of a name or a lot or block number.California BOE · Tex. Prop. Code §§ 5.027, 5.028
- Choosing joint tenancy or tenancy in common. How the deed names the owners decides what happens when one dies. In a joint tenancy, the surviving joint tenant becomes the owner, and the property typically does not go through probate; tenants in common have no right of survivorship. Each state starts from its own default: see joint tenancy and the right of survivorship.California BOE
Does a quitclaim deed remove you from the mortgage?
No, not by itself. A deed changes the title; the loan is with the lender. The Consumer Financial Protection Bureau explains what it takes. If the homeowner wants to have the original borrower released from liability on the mortgage, as courts often order in divorces, the homeowner will generally need to assume liability for the mortgage after meeting the lender's or investor's underwriting standards. CFPB
The CFPB adds that to remove the original borrower's name from the mortgage, homeowners do not generally need to refinance, provided they are willing to assume liability on the loan and can pass the investor's underwriting criteria for assumptions. CFPB
Can the lender call the loan due? If the loan has a due-on-sale clause and the home has fewer than five dwelling units, federal law says the lender may not use the clause because of certain transfers, including: 12 U.S.C. § 1701j-3(d)
- A transfer where the borrower's spouse or children become an owner of the property.
- A transfer resulting from a divorce decree, a legal separation agreement or a property settlement agreement, by which the borrower's spouse becomes an owner.
- A transfer into a living trust in which the borrower is and remains a beneficiary.
- A transfer to a relative resulting from the borrower's death, or on the death of a joint tenant.
How to make a quitclaim deed valid in California, Texas, Florida and New York
California's Department of Real Estate lists the essentials of a valid deed: in writing; the parties properly described and competent; the property described so as to distinguish it from other parcels; operative words of conveyance; signed by the grantor; and delivered and accepted. California DRE Reference Book
| State | Signing | Before it can be recorded | Good to know |
|---|---|---|---|
| California | Signed by the grantor; witnesses and a seal are not required. An instrument transferring community property must be executed by both spouses. California DRE Reference Book | Acknowledged by the person who signed it. A quitclaim deed cannot be proved by a subscribing witness instead. Cal. Gov. Code § 27287 | File a Preliminary Change of Ownership Report with it, or the recorder may charge $20 more. The deed shows the documentary transfer tax due. Cal. Rev. & Tax. Code §§ 480.3, 11932 |
| Texas | In writing, subscribed and delivered by the grantor, or an agent authorized in writing. Tex. Prop. Code § 5.021 | Acknowledged or sworn to before an officer such as a notary, or before two or more credible subscribing witnesses. A person presenting it in person shows photo identification to the county clerk. Tex. Prop. Code § 12.001(b) | Recorded in the county where a part of the property is located. The State Law Library warns about quitclaim deeds in Texas. Tex. Prop. Code § 11.001 · Texas State Law Library |
| Florida | Signed in the presence of two subscribing witnesses. Fla. Stat. § 689.01 | Acknowledged (for example before a Florida notary) or proved by a subscribing witness. The printed name and post-office address of each signer, each witness and each grantee, and of the person who prepared it, must appear on it. Fla. Stat. §§ 695.03, 695.26 | A married owner's homestead needs the spouse to join. Documentary stamp tax applies. Fla. Const. art. X, § 4 · Fla. Stat. § 201.02 |
| New York | Statutory Form D is a lawful quitclaim form, and other forms may be used. N.Y. Real Prop. Law § 258 | Duly acknowledged by the person who signed it, or proved as the law requires. N.Y. Real Prop. Law § 291 | Transfer tax return Form TP-584 (TP-584-NYC in New York City), and the official Form RP-5217 transfer report. NY Department of Taxation and Finance |
In Florida, the clerk also needs a 3-inch by 3-inch blank space at the top right-hand corner of the first page; these recording rules don't apply to a deed executed, acknowledged or proved outside Florida. Fla. Stat. § 695.26
Recording the deed with the county
Recording protects the new owner. California's Department of Real Estate: while recording a deed does not affect its validity, it is extremely important to record, since recordation protects the grantee. California DRE Reference Book
| State | Where it is recorded | If it is not recorded |
|---|---|---|
| California | The county recorder, with the Preliminary Change of Ownership Report. Cal. Rev. & Tax. Code § 480.3 | Void against a later buyer or lender in good faith and for value whose conveyance is recorded first. Cal. Civ. Code § 1214 |
| Texas | The county in which a part of the property is located. Tex. Prop. Code § 11.001 | Void as to a creditor, or a later buyer for value without notice, unless acknowledged, sworn to or proved and filed for record; still binding on the parties and their heirs. Tex. Prop. Code § 13.001 |
| Florida | The clerk of the circuit court. Fla. Stat. § 695.26 | Not good against creditors or later buyers for value without notice unless recorded. Fla. Stat. § 695.01 |
| New York | The clerk of the county where the property is, or the city registrar where applicable. N.Y. Real Prop. Law § 291 | Void against a later buyer in good faith and for value whose conveyance is recorded first. N.Y. Real Prop. Law § 291 |
In California, each county assessor and recorder offers a free "Preliminary Change of Ownership Report" for the new owner to file with the deed. Without it, the recorder may charge an additional $20 fee, but must still record the deed once the fee is paid. Cal. Rev. & Tax. Code § 480.3
In New York, Form TP-584 (TP-584-NYC in New York City) is filed with the county clerk, and the form and any tax are due no later than the 15th day after the deed is delivered. Use only the official Form RP-5217, the transfer report: unofficial copies can be delayed or rejected when you record the deed. New York City uses its ACRIS system instead (Staten Island, Form RP-5217-NYC). NY Department of Taxation and Finance
Checklist
Will your quitclaim deed be accepted for recording? Tick what it has
1. Your state
Pick your state, then tick what is done.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Taxes: gift tax, transfer tax and property tax
- Federal gift tax. The IRS treats as a gift any transfer to an individual where full consideration is not received in return. Gifts to your spouse are not taxable gifts. If you gave gifts to someone in 2025 totaling more than $19,000 (other than to your spouse), you must generally file a gift tax return, Form 709; the 2026 annual exclusion is also $19,000 per recipient. The donor is generally responsible for paying any gift tax.IRS: Gift tax FAQ · IRS: Instructions for Form 709
- Adding a joint owner. Under IRS rules, if you buy property with your own funds and hold title with another person as joint tenants with right of survivorship that either of you can sever, you have made a gift of half its value.IRS: Instructions for Form 709
- California: documentary transfer tax. A county may tax a deed when the consideration or value of the interest conveyed, not counting liens remaining on it, exceeds $100, at $0.55 for each $500; a city may add half that rate. The deed must show the tax due on its face. A deed dividing community property in a divorce is exempt if it includes a signed recital.Cal. Rev. & Tax. Code §§ 11911, 11927, 11932
- California: property tax reassessment. A change in ownership can happen by gift, by adding or deleting an owner, or by property settlement, and no payment is needed. Once the assessor finds one, Proposition 13 requires a reassessment of the part that changed hands. Transfers between spouses and to a revocable trust are excluded; a family home passing between parents and children on or after February 16, 2021 needs a claim filed with the assessor (Proposition 19).California BOE
- Florida: documentary stamp tax. 70 cents for each $100 of consideration. Consideration includes the amount of any mortgage or other encumbrance on the property, whether or not the underlying debt is assumed.Fla. Stat. § 201.02
- New York: real estate transfer tax. Two dollars for each $500 of consideration, when the consideration exceeds $500. The base tax is paid by the grantor; if the grantor does not pay it or is exempt, the grantee must.NY Department of Taxation and Finance
The IRS says that for most simple, small transfers (less than the annual exclusion amount), you may not need the services of a professional; people who make gifts as part of an estate plan often use both an attorney and a tax professional. IRS
Risks to check before you sign
- You give up your rights in the property, and the new owner gets no promise about the title. California DRE Reference Book
- Signing away your share does not take you off the loan, unless the lender releases you. CFPB
- A gift deed made to defraud creditors may be set aside if it leaves the grantor insolvent. California BOE
- A deed from a person whose incapacity has been judicially determined, for example a person with a conservator, is void. So is a forged deed. California DRE Reference Book
- A deed meant to take effect only at death is not a valid transfer unless it meets the requirements of a will. California has a separate revocable transfer on death deed for that. California BOE
Getting help with a deed
Texas's State Law Library asks people to consult an attorney before using a quitclaim deed in Texas. California's Board of Equalization recommends consulting knowledgeable legal counsel about joint tenancies and their legal, practical, tax and estate planning effects. Texas State Law Library · California BOE
Common questions
What is a quitclaim deed?
A deed by which the owner transfers only the interest they have in a property, if any, with no warranty that they own it or that the title is clear. It is often used in divorces and to clear a cloud on the title.
Does a quitclaim deed remove you from the mortgage?
No. The deed changes the title, not the loan. To have the original borrower released from liability, the homeowner generally has to assume the mortgage after meeting the lender's or investor's underwriting standards.
What is the difference between a quitclaim deed and a warranty deed?
A warranty deed carries promises about the title that the new owner can sue on, such as that the grantor will defend it against other claims. A quitclaim deed promises nothing: it transfers only what the grantor has, if anything.
Does a quitclaim deed need to be notarized?
In California, yes: a quitclaim deed must be acknowledged, for example before a notary, before it can be recorded. Texas records a deed acknowledged before an officer such as a notary, or sworn to before two credible witnesses. Florida requires two witnesses to sign, and an acknowledgment or a witness's proof to record it. New York records a deed that is acknowledged or proved.
Does a quitclaim deed have to be recorded?
Recording does not affect a deed's validity between the parties, but in all four states an unrecorded deed can lose out to a later buyer who paid value and did not know about it. Record it in the county where the property is.
Is a quitclaim deed a gift for tax purposes?
It can be. The IRS treats a transfer as a gift when full consideration is not received in return. Gifts to a spouse are not taxable gifts, and a gift tax return is generally needed when gifts to one person in a year total more than the annual exclusion, $19,000 for 2025 and 2026.
Does a quitclaim deed trigger a property tax reassessment in California?
It can. Adding or deleting an owner, or a gift, can be a change in ownership. Transfers between spouses and to a revocable trust are excluded, and adding a joint tenant doesn't cause reappraisal as long as you remain one of the joint tenants.
Can a quitclaim deed be used in a divorce?
Yes, it is often used when one spouse gives up their interest in the house. Federal law keeps the lender from calling the loan due because of a transfer to a spouse under a divorce decree, but the spouse who signs stays on the loan unless the lender releases them. In Texas, the State Law Library advises talking to a lawyer first.
Where do I get a quitclaim deed form?
This guide does not provide one. New York's law sets out a short statutory form for a quitclaim deed (Form D), and the other states set what a deed must contain to be recorded. A lawyer or legal aid office can prepare or check a deed for your state.
Official sources
- California Department of Real Estate, Reference Book, Chapter 7: Principal instruments of transfer (deeds, acknowledgment, recording) (PDF) dre.ca.gov
- California State Board of Equalization: Property Ownership and Deed Recording (PDF) boe.ca.gov
- California State Board of Equalization: Change in Ownership, frequently asked questions boe.ca.gov
- California Civil Code § 1113: covenants implied from the word "grant" leginfo.legislature.ca.gov
- California Civil Code § 1189: certificate of acknowledgment leginfo.legislature.ca.gov
- California Civil Code § 1214: unrecorded conveyances leginfo.legislature.ca.gov
- California Government Code § 27287: acknowledgment before recording leginfo.legislature.ca.gov
- California Revenue and Taxation Code § 63: interspousal transfers leginfo.legislature.ca.gov
- California Revenue and Taxation Code § 480.3: Preliminary Change of Ownership Report leginfo.legislature.ca.gov
- California Revenue and Taxation Code § 11911: documentary transfer tax leginfo.legislature.ca.gov
- California Revenue and Taxation Code § 11927: exemption for dividing property in a divorce leginfo.legislature.ca.gov
- California Revenue and Taxation Code § 11932: tax shown on the face of the document leginfo.legislature.ca.gov
- Texas Property Code, Chapter 5 (§§ 5.021-5.023: conveyances, form, implied covenants; §§ 5.027-5.028: correction instruments) tcss.legis.texas.gov
- Texas Property Code, Chapter 11 (§ 11.001: place of recording) tcss.legis.texas.gov
- Texas Property Code, Chapter 12 (§ 12.001: acknowledgment or witnesses for recording) tcss.legis.texas.gov
- Texas Property Code, Chapter 13 (§ 13.001: validity of an unrecorded instrument) tcss.legis.texas.gov
- Texas State Law Library: After the divorce, transferring real property sll.texas.gov
- Florida Statutes § 689.01: how real estate is conveyed (two subscribing witnesses) flsenate.gov
- Florida Statutes § 689.02: form of warranty deed flsenate.gov
- Florida Statutes § 689.03: effect of a warranty deed flsenate.gov
- Florida Statutes § 695.01: conveyances to be recorded; quitclaim grantees flsenate.gov
- Florida Statutes § 695.03: acknowledgment and proof flsenate.gov
- Florida Statutes § 695.26: requirements for recording flsenate.gov
- Florida Statutes § 201.02: documentary stamp tax on deeds flsenate.gov
- Florida Constitution, art. X, § 4: homestead flsenate.gov
- New York Real Property Law § 258: short forms of deeds, including the quitclaim deed (Form D) nysenate.gov
- New York Real Property Law § 291: recording of conveyances nysenate.gov
- New York State Department of Taxation and Finance: Real estate transfer tax tax.ny.gov
- New York State Department of Taxation and Finance: Form RP-5217, Real Property Transfer Report tax.ny.gov
- IRS: Frequently asked questions on gift taxes irs.gov
- IRS: Instructions for Form 709, gift tax return irs.gov
- Consumer Financial Protection Bureau: Homeowners face problems with mortgage companies after divorce or death of a loved one (2024) consumerfinance.gov
- 12 U.S.C. § 1701j-3, due-on-sale clauses (U.S. Code, 2024 ed.) govinfo.gov
- 42 U.S.C. § 1396p, Medicaid transfers of assets (U.S. Code, 2024 ed.) govinfo.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.