A quitclaim deed makes no promises about whether the grantor actually owns anything. The grantor simply "quits" any claim they might have. If the grantor has full ownership, a quitclaim deed transfers full ownership. If the grantor has no interest at all, the grantee receives nothing and has no legal recourse. Quitclaim deeds are commonly used between family members, divorcing spouses, or to clear up clouds on title.
During a divorce, the court orders Tom to transfer his interest in the marital home to his ex-wife Lisa. Tom signs a quitclaim deed conveying any interest he has to Lisa. No title search or warranties are needed because Lisa is not purchasing the property on the open market.
The quitclaim deed provides the LEAST protection to the grantee — exam questions frequently ask which deed type offers the least or most protection. Remember: quitclaim deeds are never used in normal arm's-length sales transactions. If an exam question involves family transfers or clearing clouds on title, quitclaim deed is likely the answer.
Related Terms
Related Concepts
A deed is a written legal document that conveys (transfers) ownership of real property from one party to another. It must be delivered to and accepted by the grantee to be effective.
A general warranty deed provides the greatest protection to the grantee by guaranteeing that the grantor holds clear title and has the right to sell the property. It includes covenants that protect against all defects in title, even those arising before the grantor owned the property.
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
For a deed to be valid, it must contain several essential elements including a competent grantor, identifiable grantee, consideration, legal description, granting clause, signature of the grantor, and delivery and acceptance.
Frequently Asked Questions
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