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Glossary Term

Quitclaim Deed

A legal instrument that transfers whatever interest the grantor has in a property to the grantee, without any warranties about the title.

Quitclaim Deed — A legal instrument that transfers whatever interest the grantor has in a property to the grantee, without any warranties about the title.

A quitclaim deed is the simplest type of property transfer document. The grantor says, in effect, 'I transfer whatever interest I have in this property to the grantee, and I make no promises about what that interest is.' There is no warranty of clear title, no guarantee that the grantor owns the property, and no protection for the grantee if the title turns out to be defective. Despite this, quitclaim deeds are the most common method for transferring property between related parties, such as transferring a rental from your personal name into your own LLC, removing a divorcing spouse from title, or correcting an error in a prior deed. For arm's length sales, a warranty deed is much safer because it provides legal recourse if title problems surface later. Most investors use quitclaim deeds to move properties into LLCs after purchase because the investor is effectively transferring to themselves through a different legal entity. Always check whether the transfer triggers a due on sale clause on your mortgage, notify your insurance carrier, and update your tax records and tenant leases after any deed transfer.

Example

You buy a rental in your personal name because conventional financing required it. After closing, you execute a quitclaim deed transferring the property from your personal name to your LLC. Title transfers, though your mortgage remains in your personal name under the original loan.

Related

Frequently asked questions

Is a quitclaim deed safe for buying property?
No. For arm's length purchases use a warranty deed, which provides legal recourse if title problems surface.
Does transferring to an LLC trigger due on sale?
Technically yes in most mortgages, but lenders rarely enforce it when the transfer is to an LLC owned by the original borrower. Still, verify your specific loan terms before transferring.
Do I need an attorney to file a quitclaim deed?
Not required in most states, but recommended. Recording fees and state specific formatting rules make DIY filings error prone.

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