What Is a Quitclaim Deed?

A simple deed for transferring interest between people who already trust each other, not a typical home sale.

๐Ÿ“˜ Real Estate Term ๐Ÿ“ Indiana ๐Ÿ”‘ Buyers & Sellers

Quick Answer

A quitclaim deed hands over the signer's interest in a property as-is, with no promises about clear title, which is why it's rarely used for typical arm's-length purchases. It shows up far more often in family transfers, divorces, and fixing a name on the chain of title.

Warranty of title
None
Common uses
Family transfers, divorce, title fixes
Typical purchase use
Rare for buyer-seller sales
Pairs well with
Title insurance for the recipient's protection

When a Quitclaim Deed Makes Sense

Because a quitclaim deed offers no guarantee about the state of the title, it works best between parties who already know and trust each other and understand exactly what they're getting. Common examples include a parent adding a child to a deed, one spouse transferring their interest during a divorce, or correcting how a name is spelled in prior recorded documents.

It's generally not the right tool for a typical home purchase from a stranger, since a buyer paying market value wants the stronger protection of a warranty deed.

What It Doesn't Protect Against

Signing or receiving a quitclaim deed doesn't clear existing liens or fix title problems; it simply passes along whatever interest, good or bad, the signer actually has. If there's any question about the title's history, running a title search or purchasing title insurance is still worthwhile even in a quitclaim situation.

Note: this is general information for Indiana buyers and sellers, not legal or tax advice. For advice on your specific situation, talk to your attorney, lender, or CPA โ€” or call Daniel Cope at 317-997-7404.

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Frequently Asked Questions โ€” Quitclaim deed

Is a quitclaim deed less official than other deeds?

No, once properly signed and recorded it is a legally binding transfer; it simply carries no warranty about the title's condition.

Can I get a mortgage with a quitclaim deed?

It depends on the lender and situation; because there's no title warranty, some lenders want additional title work before financing.

Does a quitclaim deed remove someone from a mortgage?

No. It only affects who is on the title; the mortgage loan obligation stays with whoever originally signed the loan documents unless the lender agrees otherwise.

Should I get title insurance with a quitclaim deed?

It's often a good idea, since a quitclaim deed itself provides no protection if a title problem surfaces later.