Quitclaim Deed

A quitclaim deed transfers any interest without warranties. Learn when quitclaim deeds are used and why they offer minimal protection.

Definition

A quitclaim deed conveys whatever interest the grantor may have in a property, if any, without making any warranties or guarantees about the title. Because quitclaim deeds offer no protection against claims or defects, they are often used between family members, to correct errors on a deed, or to remove a spouse’s name after divorce. If the grantor has clear title, the quitclaim conveys that interest; if not, the grantee takes title subject to any defects. Buyers should be cautious when accepting a quitclaim deed in an arm’s‑length transaction and may prefer a warranty deed instead.

Why It Matters

A quitclaim hands over whatever the signer owns, which might be nothing, and promises nothing about liens or competing claims. It also does not touch the mortgage: a divorcing spouse who signs one gives up the house and stays fully liable for the loan. Washington requires a real estate excise tax affidavit with the deed even when the transfer itself is exempt.

Examples

The divorce decree awards the house to one spouse and the other signs a quitclaim. Two years later a missed payment lands on the credit report of the spouse who moved out, because the loan was never refinanced.

Parents add an adult child to title by quitclaim. The child's later tax lien attaches to the house, and the parents cannot refinance until it is paid.

A misspelled middle name on a 2019 deed is fixed with a corrective quitclaim recorded at the county auditor for a $305 recording fee.

Tips

  • Pair any divorce quitclaim with a refinance or a formal loan assumption. The deed moves title; the note is what your credit is chained to.

  • File the excise tax affidavit alongside the deed and cite the correct WAC exemption code. Recorders reject deeds submitted without one, and exemptions are never automatic.

  • Refuse a quitclaim from an arm's length seller. Insist on a statutory warranty deed with title insurance, since a quitclaim leaves you with no recourse when the seller's title turns out to be defective.

Related Terms

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Real Estate Glossary

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