A quitclaim deed is a document that transfers whatever ownership interest the signer has in a piece of real estate, without promising that the title is good or that the signer owns anything at all. If the person signing owns nothing, the person receiving gets nothing. People use a quitclaim deed between people who already trust each other, such as adding a spouse to the title or moving a house into a living trust. It's a poor tool for buying property from a stranger.
Trouble starts when people use a quitclaim for jobs it can't do. It won't take your name off a mortgage. It can trip the loan's due-on-sale clause. A quitclaim to a child is usually a gift for tax purposes, and it can come back to haunt a parent who needs Medicaid for nursing home care.
What does a quitclaim deed actually transfer?
The person giving up the interest is the grantor. The person receiving it is the grantee. The Cook County Clerk in Illinois defines a quit claim deed as a deed "transferring any and all interest that they may have in a particular property" that "does not give warranty as to anything." You can read that definition on the Cook County Clerk's recording terms page.
The key words are "may have." A quitclaim moves the grantor's interest, whatever its size. If your brother owns a half share and quitclaims to you, you get his half share. If he owns the whole house, you get the whole house. If he sold his share last year and forgot, you get nothing, and the deed gives you no claim against him for that, because he never promised he owned it.
A quitclaim also says nothing about liens or unpaid taxes. Whatever was attached to the title before the transfer is still attached afterward.
Quitclaim deed vs. warranty deed: what's the difference?
The difference is the promise. A warranty deed carries the seller's guarantee about the title. A quitclaim carries none. Between the two sits the special warranty deed, where the seller vouches only for the period they owned the property. The table uses the definitions the Cook County Clerk publishes. Names and the exact promises each deed implies are set by state law, so the labels in your state may differ.
Deed type
What the grantor promises
Where you usually see it
General warranty deed
The strongest promise. Cook County calls it the deed that "provides the highest level of protection for the buyer."
Ordinary home sales to a buyer
Special warranty deed
Covers problems that arose while the grantor owned the property, but the grantor "does not warrant against the defects arising from conditions that existed before he/she owned the property."
Sellers who will vouch only for their own years of ownership
Quitclaim deed
Nothing. It passes whatever interest the grantor has and "does not give warranty as to anything."
Transfers between spouses, family members, or into the owner's own trust or company; clearing up a doubtful claim
If you're paying fair market value for a house, expect a warranty deed and buy title insurance. A quitclaim fits when no money changes hands and everyone already knows the property's history.
When do people use a quitclaim deed?
Most quitclaims involve people on the same side of the table.
Adding or removing a spouse
A homeowner who marries may quitclaim the house to themselves and the new spouse together, putting both names on title. The reverse also happens: one spouse quitclaims to the other to get off the title. Both are common, and both leave the mortgage exactly as it was, which we'll get to.
Divorce
A divorce judgment often awards the house to one spouse and orders the other to sign it over. A quitclaim is a frequent way to carry out that order. If you're working through who keeps the house, our guide on getting a divorce and keeping your house covers buyouts and refinancing, which is the part of the deal the quitclaim doesn't handle.
Moving a home into a trust
Someone who sets up a revocable living trust usually has to deed the house to the trustee for the trust to control it. Cook County describes a deed in trust as one that "conveys title to the property to a named trustee." Depending on the state and the lawyer, that deed may be a quitclaim or a warranty deed. Our article on how to fund a living trust explains why an unfunded trust doesn't keep the house out of probate.
Transfers into an LLC
Owners of rental property often quitclaim a house into a limited liability company they own. That move has a federal mortgage wrinkle covered below: the LLC transfer is not one of the protected transfers under federal law.
Gifts to family
Parents sometimes quitclaim a house to an adult child, or put a child on title as a co-owner. This is the use with the most hidden costs: a gift tax filing, a worse tax basis for the child, possible Medicaid trouble, and the plain fact that the parent no longer controls what they gave away. If the goal is to pass the house at death, a transfer-on-death deed (where your state allows one) or a life estate may do the job with fewer side effects.
Does a quitclaim deed remove you from the mortgage?
No. This is the most common misunderstanding about quitclaims, and it hurts people after divorce. The deed controls who owns the house. The mortgage is a loan, and the promissory note you signed is a contract between you and the lender. Signing a quitclaim gives away your ownership while your promise to repay stays in place.
The Consumer Financial Protection Bureau took this up in a December 17, 2024 report on homeowners' problems with mortgage companies after divorce or death: "If the homeowner wants to have the original borrower released from liability on the mortgage," the homeowner generally has to assume liability for the loan, which means meeting the lender's or investor's underwriting standards. The same report describes homeowners "required by court order to remove an ex-spouse from the mortgage" whose servicers blocked the release. It also faults servicers that insist on a refinance when an assumption would do. Either way, getting off the loan takes a refinance that pays it off or an assumption the lender approves. Without one of those, the person who quitclaimed away the house can still owe on it.
The person who receives the house isn't automatically liable on the loan either. The CFPB report notes that a successor in interest "will not necessarily have assumed liability for the mortgage debt under State law," though in practice the successor has to keep the payments current to avoid foreclosure. Under the CFPB's Regulation X, a spouse or child who becomes an owner, or a former spouse who gets the house through a divorce decree, can be a "successor in interest," The definition is in 12 CFR 1024.31. Once the servicer confirms the person's identity and ownership interest, 12 CFR 1024.30(d) says that confirmed successor "shall be considered a borrower" for Regulation X's servicing rules, and 12 CFR 1024.38 requires the servicer to tell a potential successor promptly which documents it needs to confirm that status. A quitclaim to an LLC or a friend doesn't fit the definition.
Can the lender call the loan after a quitclaim?
Most mortgages contain a due-on-sale clause. Federal law defines it as a provision letting the lender demand the full balance "if all or any part of the property, or an interest therein, securing the real property loan is sold or transferred without the lender's prior written consent." A quitclaim is a transfer, so it can trigger the clause. Federal law generally lets lenders enforce these clauses even where state law says otherwise.
Congress carved out exceptions in the Garn-St Germain Act, at 12 U.S.C. 1701j-3(d). They apply to loans on residential property with fewer than five dwelling units. For those loans, the lender may not use the due-on-sale clause because of, among other things:
a transfer where the borrower's spouse or children become an owner of the property;
a transfer resulting from a divorce decree, legal separation agreement, or incidental property settlement agreement, by which the borrower's spouse becomes an owner;
a transfer into an inter vivos (living) trust in which the borrower "is and remains a beneficiary" and which doesn't transfer rights of occupancy;
a transfer to a relative resulting from the borrower's death.
The fine print matters here. The federal regulation that carries out this law, 12 CFR 191.5(b), limits these protections to a loan on "a home occupied or to be occupied by the borrower." For transfers to relatives and former spouses, the person receiving the home must also occupy it or plan to. A parent who quitclaims a rented-out house to a child who won't live there may get no protection at all.
Notice what's missing. A quitclaim to an LLC isn't on the list. Neither is a quitclaim to a girlfriend or a business partner. For those, the statute simply says the lender "may" enforce the clause. The definition itself points to the safe route: a transfer made with the lender's prior written consent doesn't trigger the clause, so ask before you record.
How does a quitclaim deed affect title insurance?
According to the CFPB's title insurance explainer, an owner's policy "protects the homeowner if someone sues and says they have a claim against the home," while a lender's policy "protects the amount they lend."
Quitclaims raise title insurance questions from two directions. If you're receiving property by quitclaim, you got no promises from the grantor, so the only real protection is a title search and, if the stakes justify it, a new owner's policy in your name. If you already own the house and plan to quitclaim it to your trust or your LLC, the question is whether your existing owner's policy keeps covering the new owner. Call the title insurer, describe the transfer, and get the answer in writing before you sign.
Title insurance also matters if someone forges a deed. In a June 16, 2026 alert, the FBI's Internet Crime Complaint Center said "standard owners' policies may provide protection against forgery" and may cover legal costs tied to restoring ownership. It suggested checking your policy for post-policy protection.
Do you have to record a quitclaim deed?
Recording means filing the signed deed with the county office that keeps land records (often the county recorder or register of deeds). Recording puts the world on notice of the transfer. State and county law sets the deed format, the signing rules (including notarization and witnesses), the fees and any transfer tax. Here are examples from three official pages.
Cook County, Illinois
The Cook County Clerk's recording FAQ says any deed, quit claim or warranty, must show the full name and address of the grantee and a name and address for future tax bills, and exempt transfers need a grantor/grantee affidavit. Deeds also need "City/State/County transfer tax declarations and stamps or transfer tax exemptions (where applicable)." The Clerk won't pick the document for you; it says it "cannot guide you as to what document is legally appropriate" and points people to a private attorney or legal aid.
California
California's Board of Equalization says in its change in ownership FAQ that deeds and certain other recorded documents "must be accompanied by a Preliminary Change of Ownership Report (PCOR)." A change in ownership matters there because Proposition 13 requires the assessor to reassess the property to current market value. Transfers between spouses are excluded from reassessment, including transfers under a divorce settlement or court order.
New York City
New York City's Department of Finance warns in its deed fraud program FAQ that it must record documents that meet the filing requirements even if they later turn out to be fraudulent. Recording doesn't prove a deed is real.
Do you owe taxes when you quitclaim a house?
Three separate tax questions can come up.
The first is a state or local transfer tax, charged in some places when a deed is recorded. Whether one applies, and whether a gift or family transfer is exempt, depends on where the property is. Cook County's requirement for stamps "or transfer tax exemptions (where applicable)" is one example of how this works.
The second is federal gift tax. The IRS says on its gift tax FAQ that a gift is any transfer to an individual where you don't receive full value in return, and that "the donor is generally responsible for paying the gift tax." Giving a child a house, or a share of one, for nothing fits that definition. The FAQ lists the annual exclusion for 2026 as $19,000 per recipient. The IRS Form 709 instructions (the 2025 edition, when the exclusion was also $19,000) say you generally must file Form 709 if your gifts to one person other than your spouse total more than that in a year. Gifts to a spouse are eligible for the marital deduction, and gifts to a spouse who is a U.S. citizen generally don't need a return. Filing a Form 709 and actually owing tax are separate questions, so read the IRS page or ask a tax professional before assuming either way.
The third shows up later, when the person who got the house sells it. Under 26 U.S.C. 1015(a), property received as a gift generally keeps the donor's basis (the starting value used to figure taxable gain). IRS Publication 551 says inherited property generally takes "the FMV of the property at the date of the individual's death." A parent who bought a house decades ago and quitclaims it to a child passes along that old, low basis. The same house inherited at death would usually get a basis equal to its value on the date of death. On a sale, that gap can mean a much larger capital gain for the child who got the house as a gift.
Can a quitclaim deed affect Medicaid eligibility?
Yes, for nursing home care. Medicaid is run by the states under federal rules, and federal law at 42 U.S.C. 1396p(c) requires a state plan to impose a period of ineligibility for nursing facility services and some home and community-based services when an applicant or spouse gave away assets for less than fair market value on or after the look-back date. For transfers made on or after February 8, 2006, the look-back reaches back 60 months from a date tied to when the person is institutionalized and has applied for Medicaid. A parent who quitclaims the house to a child for nothing and then needs nursing home care within five years can face a penalty period.
The same statute lists home transfers that don't count against eligibility. Title can go to:
the person's spouse;
a child under 21, or a child who is blind or permanently and totally disabled;
a sibling who has an equity interest in the home and lived there for at least one year right before the person entered the institution;
a son or daughter who lived in the home for at least two years right before and, as the state determines, provided care that let the parent stay home.
States apply these rules and decide the facts, so the details of a penalty period vary. Our article on the Medicaid look-back and transfer penalty walks through how the penalty is figured.
How do scammers use quitclaim deeds?
Deed fraud (sometimes called home title theft) works because a recorder generally files a document that looks right. A forger prepares a deed in the owner's name and records it. Then the thief tries to sell the property or borrow against it.
The FBI's Internet Crime Complaint Center described one version in a public service announcement dated June 16, 2026. Criminals "impersonate the owners of vacant property parcels," using fake driver's licenses or passports along with email addresses and internet (VoIP) phone numbers set up for the scheme. They contact a local real estate agent and title company to sell the land. In one case the FBI described, a fictitious deed backed up the story.
The IC3 suggests asking your county recorder or clerk whether it offers alerts when documents are recorded in your name. The Cook County Property Fraud Alert sends "a phone call or email when any document affecting your property is filed," though the county is clear it is "a notice of recordation, not a freeze on title." New York City's Notice of Recorded Document program has "no fees to register." Victims can file a complaint at ic3.gov. Deed forgery is also prosecuted as a crime; our page on mortgage and real estate fraud charges covers how those cases are charged.
The other kind of fraud is pressure. Be wary of anyone offering foreclosure help in exchange for a deed, or a relative rushing an older parent to sign. Once a quitclaim is signed and delivered, the signer generally can't take it back alone; the grantee has to deed it back or a court has to undo it.
How to do a quitclaim deed safely
If a quitclaim really is the right tool, work through these steps in order.
Write down the goal in one sentence. "Put my wife on title," "move the house into my trust," "carry out the divorce decree." If the goal is to get off a mortgage, a quitclaim won't do it; talk to the lender about a refinance or assumption.
Pull the current deed from the county recorder. Copy the legal description exactly and confirm who holds title now and how (for example, as joint tenants).
Check the mortgage. Read the due-on-sale clause and compare the transfer to the exceptions in 12 U.S.C. 1701j-3(d), including the occupancy condition. If it isn't covered, get the lender's written consent first.
Call your title insurer and ask whether your owner's policy will cover the new owner after the transfer.
Get your county recorder's checklist. It should cover format and the notary and witness rules, plus fees and any transfer tax form or exemption. In California, that includes the PCOR.
Think through the tax side. A transfer to anyone other than a spouse, for less than full value, may need a Form 709, and the recipient takes your basis. If anyone involved may need nursing home care in the next five years, look at the Medicaid rules first.
Sign in front of a notary with valid ID, record the deed promptly, and keep the recorded copy the county returns.
Sign up for your county's recording alert if it has one, and check your property record once in a while.
For a gift to a child or anything touching Medicaid, one paid consultation with a local real estate or elder law attorney is cheap insurance.
This is general information, not legal advice. Deed and recording rules change and vary by state and county, so check the official source or a licensed attorney in your state.
Check your state and local law
Landlord-tenant rules vary significantly from state to state: security-deposit caps, return deadlines, notice periods, and eviction procedures all differ. This article explains the general principles; for the rules that actually apply to you, look up your own state's law.
Local ordinances may apply. Your city or county may add protections (such as rent control, just-cause eviction, rental registration, or stricter housing codes) beyond state law. Check your local city or county ordinances too. This is general legal information, not legal advice.
A quitclaim deed transfers whatever ownership interest the signer has in real estate, with no promise that the signer owns anything or that the title is clear. If the signer owns the whole property, the whole property passes. If the signer owns nothing, the person receiving it gets nothing and has no claim against the signer.
Does signing a quitclaim deed take me off the mortgage?
No. A quitclaim changes who owns the house, but your loan is a separate contract with the lender. The CFPB says releasing the original borrower generally requires the homeowner to assume liability for the loan and meet the lender's or investor's underwriting standards. A refinance that pays off the old loan also ends it. Until one of those happens you can still owe the debt.
What is the difference between a quitclaim deed and a warranty deed?
A warranty deed includes the seller's guarantee about the title, and Cook County calls the general warranty deed the one with the highest level of protection for the buyer. A quitclaim deed makes no guarantee at all. Buyers paying market value normally get a warranty deed plus title insurance.
Can my lender call my loan if I quitclaim my house?
It can, if the transfer isn't covered by a federal exception. Under 12 U.S.C. 1701j-3(d), for homes with fewer than five units, lenders can't enforce the due-on-sale clause for transfers to a spouse or children, transfers under a divorce decree, or transfers into a living trust where you remain a beneficiary. The federal regulation limits this to homes the borrower occupies. Transfers to an LLC aren't on the list.
Do I have to pay gift tax if I quitclaim a house to my child?
The IRS treats a transfer for less than full value as a gift, and the donor is generally responsible for any gift tax. For 2026 the IRS lists an annual exclusion of $19,000 per recipient, and the Form 709 instructions say gifts to one person above the exclusion generally require a return. Whether tax is actually owed is a separate question covered on the IRS gift tax page.
Can a quitclaim deed be reversed?
Not by the person who signed it alone. Once a quitclaim is signed and delivered, the new owner holds the interest. It can be undone if the new owner agrees to sign a deed back, or if a court sets it aside, for example because of fraud or forgery. That is why a quitclaim should never be signed under pressure.
Does a quitclaim deed have to be notarized and recorded?
Notary and recording rules come from state law and county practice, so check your county recorder or clerk's website. Recording puts the public on notice of the transfer. New York City notes that it must record documents that meet its requirements even if they later prove fraudulent, so recording does not prove a deed is valid.
Can quitclaiming my house to my kids affect Medicaid?
It can if you later need nursing home care. Federal law at 42 U.S.C. 1396p(c) sets a 60-month look-back for transfers for less than fair market value, which can create a period of ineligibility. Transfers of the home to a spouse, a child under 21, a disabled child, or certain caregiving children or siblings are excepted.
12 U.S.C. 1701j-3(a)(1), (b)(1), (d) (Garn-St Germain Depository Institutions Act sec. 341): Defines due-on-sale clause, lets lenders enforce it notwithstanding state law (subject to (c)), and bars enforcement for listed transfers on residential property of fewer than five units (spouse/children, divorce decree, living trust with borrower as beneficiary, death of borrower or joint tenant).
12 CFR 191.5(b)(1): OCC rule implementing Garn-St Germain: exemptions apply to loans on a home occupied or to be occupied by the borrower; family, divorce and death transfers protected when the transferee occupies or will occupy. Read on the eCFR renderer API 2026-11-15.
12 CFR 1024.30(d) and 1024.38(b)(1)(vi): Confirmed successor in interest is considered a borrower for 1024.17 and subpart C; servicer must promptly identify documents needed to confirm a potential successor and make a confirmation determination. Read on the eCFR renderer API 2026-11-15.
26 U.S.C. 1015(a): Basis of property acquired by gift carries over from the donor.
42 U.S.C. 1396p(c)(1)(A), (c)(1)(B)(i), (c)(2)(A): Medicaid transfer-of-assets ineligibility period, 60-month look-back for disposals on or after Feb. 8, 2006, and home transfer exceptions.
Internal Revenue Code gift tax rules as stated in the IRS Gift Tax FAQ and the Form 709 (2025) instructions: Gift definition, donor liability, 2026 annual exclusion $19,000 per donee (FAQ), filing generally required above the exclusion for non-spouse gifts, no return for gifts to a U.S. citizen spouse (instructions). Code sections not fetched.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
Knowing your rights is the first step
Join thousands committing to calmly and consistently exercise their constitutional rights.
