Quitclaim Deed Form

A quitclaim deed is a legal document used to transfer whatever interest one party has in property without promising that the title is clear. Lumr’s quitclaim deed template helps you identify the parties, describe the property, and prepare a document that follows the signing and recording rules in your state.

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Key Elements of a Quitclaim Deed

  • Identifies the grantor transferring the property interest and the grantee receiving it.
  • Provides the property’s complete legal description and parcel number when required.
  • States the consideration, or value exchanged, if applicable under state or local rules.
  • Transfers only the interest the grantor currently holds, without warranties about ownership, liens, or other title defects.
  • Includes the required signatures, acknowledgments, witnesses, notarization, and recording information for the property’s location.

Quitclaim Deed by State

  • Florida

What Is a Quitclaim Deed?

A quitclaim deed is a type of deed for a property that lets you, as the grantor, transfer any ownership interest you currently have to a grantee. It does not confirm that you own the property or that the title is free from liens, claims, or other defects.

If you have no valid interest, the grantee receives no interest. For this reason, it is generally used between people who know and trust each other, rather than in a conventional real estate sale.

What Is the Purpose of a Quitclaim Deed?

The reason you would use a quitclaim deed is to transfer or release a possible interest in real property without providing title warranties. It can make transfers easier between relatives, spouses, trusts, or entities controlled by the owner and can be used to fix certain mistakes in an earlier deed.

A quitclaim deed transfer changes ownership rights, but it does not automatically remove a person from a mortgage or transfer responsibility for the loan. The lender must separately approve any changes to the mortgage obligation.

When to Use a Quitclaim Deed

A quitclaim deed can be useful when adding or removing a spouse from the title, gifting property to a relative, transferring property to a living trust or owner-controlled business, or correcting a name or similar title issue.

On the other hand, you should avoid using it for an open-market transaction where the buyer expects title guarantees.

How to File a Quitclaim Deed

To file your quitclaim deed form, it’s important to include all the necessary information and meet state requirements. Use Lumr’s online quitclaim deed template that corresponds to your state and follow the steps below.

  1. Obtain the current property deed

    Review the most recently recorded deed to confirm the current owner’s name, how the title is held, and the property’s legal description. A street address alone may not be enough, and you may also need the assessor’s parcel number or information from an earlier deed.

  2. Select your state’s quitclaim deed form

    Use Lumr’s quitclaim deed template that corresponds to your state to help make sure that you follow your state’s requirements and help you fill in the necessary details.

  3. Complete the quitclaim deed form

    Enter your name and the grantee’s legal name, addresses, consideration if applicable, and the property’s full legal description.

    You may also need to identify the document’s preparer, prior deed, parcel number, and address where the recorded deed should be returned if your state requires it.

  4. Review the transfer and mortgage consequences

    Confirm exactly what interest is being transferred and how the grantee will hold title. Check for mortgages, liens, taxes, transfer restrictions, or a due-on-sale clause. Keep in mind that if you sign the form, it does not release you from an existing mortgage.

  5. Sign and notarize the deed

    You must sign according to the law of the state where the property is located. An acknowledgment before a notary is commonly required for recording, and some jurisdictions may also require witnesses, the grantee’s signature, or additional declarations.

  6. Prepare any supporting forms

    The recorder may require a cover sheet, transfer tax declaration, ownership report, affidavit, or exemption statement. Remember to go over local filing instructions to identify the documents and taxes that apply to the quitclaim deed transfer.

  7. Record the quitclaim deed

    Submit the signed deed, required documents, and applicable fees to the local county recorder in person, by mail, or through an approved e-recording service. Then keep a copy of the submitted form.

Quitclaim Deed vs. Warranty Deed

Both quitclaim and warranty deeds can transfer real property; however, they provide you with different levels of protection.

FeatureQuitclaim deedWarranty deed
Interest transferredWhatever interest you currently have.Ownership interest described in the deed.
Title guaranteesYou make no warranties that you own the property or that its title is clear.You provide certain warranties concerning your ownership and the property’s title.
Potential responsibilityYou are generally not responsible for title defects under the deed, although claims involving fraud or separate agreements may still come up.You may be responsible if a title issue breaches one of the warranties provided.
Common usesTransferring property to a relative, spouse, trust, or owner-controlled entity, or correcting certain title issues.Selling property or transferring it when the recipient expects title guarantees.
Title review and insuranceThe grantee may still request a title search or insurance because the quitclaim deed offers no title protection.A title search and title insurance are usually part of the transaction.
FAQ

Quitclaim Deed FAQs

Below are answers to commonly asked questions regarding creating, revoking, and using quitclaim deeds.

Does a quitclaim deed give you ownership?

With a valid quitclaim deed form, you can transfer whatever ownership interest you hold. If you own all or part of the property, then that interest can pass over to the grantee, and if you have no valid interest, then the deed transfers nothing.

How long does a quitclaim deed give you ownership?

The deed does not typically expire after a set period, so the grantee keeps the transferred interest until it is sold, gifted, transferred by another deed, lost through foreclosure, or otherwise affected by law.

The duration of ownership may also depend on how the title is held and whether other owners have an interest.

Can you revoke or cancel a quitclaim deed?

Generally, you cannot unilaterally revoke a quitclaim deed after it has been validly delivered and accepted. Reversing the transfer usually requires the grantee to sign a new deed returning the interest.

A court may invalidate a deed in circumstances such as fraud, forgery, undue influence, incapacity, or improper execution.

Does a quitclaim deed need to be notarized?

Most quitclaim deeds require notarization, and depending on your state, you may also need witnesses present. Remember to use Lumr’s online quitclaim deed template that is specific to your state’s requirements to help you through the process.

Do I need a lawyer for a quitclaim deed?

To create your document, you can simply use our state-specific template. However, it’s a good idea to consult a legal professional before signing to make sure it is ready to be put into effect and is not missing key details.

What if someone refuses to sign a quitclaim deed?

If someone does not want to sign the form, they cannot be forced to.

If an agreement, divorce order, or court judgment requires the transfer, then a court may enforce the transfer.

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